Accordingly, the Court DISMISSES the breach of contract claim set forth in Count One of the Complaint (ECF Doc. 14, pp. 2-3, ¶¶ 8-19) as moot.See Patel Strategic Gro., L.L.C., 2020-Ohio-4990, ¶¶ 41-46, 161 N.E.3d 42, 45 (Ohio Ct. App. 2020) (once liability on breach of contract claim established, court could not consider arguments for claim in the alternative thereby rendering such claim moot). C. Firestone is Entitled to Recover Contract Price for Five Custom Truck Beds
However, Ohio courts have consistently held that "[a] litigant may not recover for both a breach of contract and conversion." Patel v. Strategic Group, LLC, 2020-Ohio-4990, ¶ 42, 161 N.E.3d 42, 52 (Ohio Ct. App. 2020) (citing Boston v. Sealmaster Indus., 2004-Ohio-4278, ¶ 37 (Ohio Ct. App. 2004)); Bold Home Prods. v. Carbonklean, LLC, No. 2:20-cv-4020, 2023 U.S. Dist. LEXIS 5975, at *42, 2023 WL 155901, at *14 (S.D. Ohio Jan. 11, 2023).
Conversion and breach of contract are alternate causes of action; therefore, a litigant may not recover under both theories. Patel v. Strategic Group, L.L.C., 8th Dist. No. 109043, 2020-Ohio-4990, 161 N.E.3d 42, ¶ 42.
Patel v. Strategic Grp., LLC, 161 N.E.3d 42, 51 (Ohio Ct. App. 2020).
In doing so, the Court presumes the written agreement reflects the parties’ intent. Patel v. Strategic Grp., L.L.C. , 2020-Ohio-4990, 161 N.E.3d 42, ¶ 35 (Ohio Ct. App.). "The intent of the parties is presumed to reside in the language they choose to use in their agreement."
In doing so, the Court presumes the written agreement reflects the parties' intent. Patel v. Strategic Grp., L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 35 (Ohio Ct. App.). “The intent of the parties is presumed to reside in the language they choose to use in their agreement.”
"[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it." Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C, 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.). 1. End of Lease Property Damages
Gerston v. Parma VTA, L.L.C., 8th Dist. Cuyahoga No. 105572, 2018-Ohio-2185, ¶ 57; see also Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.) ("'[F]ollowing a bench trial, a reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as "some" competent and credible evidence supports it.'"), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.). Issues of law are reviewed de novo.
"'[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it.'" Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.).
"[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it." Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.).