Ohio Court of Appeals, 1999

State Ex Rel. Davis v. United Furniture, Unpublished Decision (7-29-1999)

State Ex Rel. Davis v. United Furniture, Unpublished Decision (7-29-1999)
Ohio Court of Appeals · Decided July 29, 1999 · JAMES M. PORTER, A.J.

State Ex Rel. Davis v. United Furniture, Unpublished Decision (7-29-1999)

Opinion of the Court

PETITION FOR WRIT OF MANDAMUS
JOURNAL ENTRY AND OPINION
Relator, Michael Davis, through his complaint for a writ of mandamus, seeks an order from this court that requires the respondent, United Furniture, to execute a contract for the sale of furniture

Sua sponte, we dismiss the relator's complaint for a writ of mandamus. Mandamus will not lie to enforce a private right against a private individual. State ex rel. Russell v. Duncan (1992), 64 Ohio St.3d 538; State ex rel. Presley v. Indus. Comm. (1967), 11 Ohio St.2d 141. In addition, the relator possesses an adequate remedy at law through an action for damages based upon a claim of breach of contract. State ex rel. Westchester Estates,Inc. v. Bacon (1980), 61 Ohio St.2d 42.

Accordingly, we dismiss the relator's complaint for a writ of mandamus. Costs to relator.

Writ dismissed.

ANN DYKE, CONCURS.

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE

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