finding an Indiana seller liable to an Ohio consumer for conduct directed toward the consumer in Ohio from outside the state
How later courts described this case
- finding an Indiana seller liable to an Ohio consumer for conduct directed toward the consumer in Ohio from outside the state
Written by the judges who cited it.
The opinion
Holmes, J.,
concurring in part and dissenting in part. I am in agreement with the basic holding of the majority here, but also believe, as does Justice Wright, that the syllabus law set forth is much too broad. I therefore join Justice Wright in his dissenting commentary and propose that the syllabus of this case should read as follows:
“The Consumer Sales Practices Act, embodied in R.C. Chapter 1345, is applicable to the personal property or services portion of a mixed transaction involving both the transfer of personal property or services and the transfer of real property, where such transfers are inextricably intertwined and a consumer is found to have been deceived into undertaking the total transaction by virtue of the offer of the personal property or services portion of the transaction.”