Opinion

Preston v. First Bank of Marietta

  • 16 Ohio App. 3d 4
  • 16 Ohio B. 4
  • 473 N.E.2d 1210
  • 1983 Ohio App. LEXIS 15133
Court
Ohio Court of Appeals
Filed
Oct 25, 1983
Status
Published
Author
Stephenson
On the bench
Grey, Abele, Stephenson
Cited by
18 cases
Authority
More cited than 43.0%

finding that, although a contract must be definite as to price, it is just as well-established that parties may make a binding contract where the price is not stated exactly

How later courts described this case

  • finding that, although a contract must be definite as to price, it is just as well-established that parties may make a binding contract where the price is not stated exactly
  • contracts will be enforced where "the agreed price, though not specifically stated, is easily ascertainable by reference to some extrinsic standard"

Written by the judges who cited it.

The opinion

Stephenson, J.,

dissenting. I concur in the overruling of the first assignment of error. I would, however, sustain the second and third assignments of error, reverse, and remand for a determination of damages pursuant to Section 1640, Title 15, U.S. Code. I view as palpably erroneous, the conclusion in the majority opinion that “actual” damage is necessarily equal to the increase in the annual percentage rate since such damages, under Subsection (a)(1) of Section 1640 are recoverable only if ap-pellees can establish a causal connection between inaccurate disclosure and their injury by demonstrating that they relied on the inaccurate disclosure and thereby were effectively prevented from obtaining better credit terms elsewhere.

McCoy

v.

Salem Mtge. Co.

(E.D. Mich. 1976), 74 F.R.D. 8 , and

Vickers

v.

Home Federal S. & L. Assn. of East Rochester

(1978), 62 A.D. 2d 1171 , 404 N.Y.Supp. 2d 201. If appellees cannot establish the required causal nexus, they would still be entitled to recover the statutory penalty, costs and attorney fees embodied in the statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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