Ohio Court of Appeals, 1930

Mitchell v. Kleinman

Mitchell v. Kleinman
Ohio Court of Appeals · Decided December 22, 1930 · Hamilton, Ross
10 Ohio Law. Abs. 221; 1930 Ohio Misc. LEXIS 800

Mitchell v. Kleinman

Opinion of the Court

HAMILTON, J.

The plaintiff failed to offer any probative evidence as to the sale price. It does appear that prior to the sale in question a one-half interest in the restaurant had been sold for $1,000.00. The trial court.evidently took it for granted that the sale value of the entire restaurant was $2,000.00, based on the sale of the one-half interest at' $1,000.00. This furnished no proof of the sale price under the sale in question.

The court was not justified in rendering the judgment of 10% on $2,000.00 under the evidence. It would have been justified in *222rendering judgment for the minimum corn-emission of $100.00.

The trial court committed error in rendering judgment for $200.00, and the Court of Common Pleas erred in affirming that judgment.

We find no other error in the record.

Since there is a total failure of proof as to the sale price, we find that the trial court should have given judgment for $100.00, the minimum commission.

The judgment of the Court of Common Pleas and of the Municipal Court will, therefore, be modified by reducing the judgment from $200.00 to $100.00, and, as modified, will be affirmed.

ROSS, J,.concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.