[DOWNLOAD] "Gahanna v. Eastgate Properties" by The Supreme Court of the State of Ohio # Book PDF Kindle ePub Free

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eBook details

• Title: Gahanna v. Eastgate Properties
• Author : The Supreme Court of the State of Ohio
• Release Date : January 13, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

HILDEBRANDT, J. Eastgate initially challenges the appellate court's reversal of the award of attorney fees. Generally, a prevailing party
may not recover attorney fees as costs of litigation in the absence of statutory authority unless the breaching party has
acted in bad faith, vexatiously, wantonly, obdurately or for oppressive reasons. Sorin v. Bd. of Edn. (1976), 46 Ohio St.2d
177, 75 O.O. 2d 224, 347 N.E. 2d 527. This is commonly known as the "American rule." However, Eastgate maintains that it is
entitled to an award of attorney fees, as damages in defending against Gahanna's forcible entry and detainer action, because
the action amounted to a breach of the covenants of warranty of ownership and/or quiet enjoyment contained in the lease.2
Basically, Eastgate cites McAlpin v. Woodruff(1860), 11 Ohio St. 120, and Lane v. Fury (1877), 31 Ohio St. 574, in support
of its contention.

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