Medvet Associates, Inc. v. Sebring

870 N.E.2d 268, 142 Ohio Misc. 2d 36
CourtFranklin County Municipal Court
DecidedFebruary 9, 2007
DocketNo. 2006 CVF 035833
StatusPublished

This text of 870 N.E.2d 268 (Medvet Associates, Inc. v. Sebring) is published on Counsel Stack Legal Research, covering Franklin County Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medvet Associates, Inc. v. Sebring, 870 N.E.2d 268, 142 Ohio Misc. 2d 36 (Ohio Super. Ct. 2007).

Opinion

DorRian, Judge.

{¶ 1} A court trial was held. Plaintiff was represented by attorney Robert M. Storey. Defendants was represented by attorney Laura Adkins Bogrees. A [38]*38court reporter was present. Sworn testimony was taken. The court enters judgment for the plaintiff against defendants.

{¶ 2} Plaintiff filed a complaint on an account against defendants on August 22, 2006, alleging that defendants owe plaintiff the sum of $1,494.40 upon an account for veterinary services rendered by plaintiff to defendants’ dog, Zoe.

{¶ 3} “An action upon account is founded in contract. It exists to avoid the multiplicity of suits necessary if each transaction between the parties (or item on the account) would be construed as constituting a separate cause of action. Rather, the cause of action exists only as to the balance that may be due one of the parties as a result of the series of transactions.” (Emphasis added.) Am. Sec. Serv., Inc. v. Baumann (1972), 32 Ohio App.2d 237, 242, 61 O.O.2d 256, 289 N.E.2d 373. In Ludwig Hommel & Co. v. Woodsfield (1927), 115 Ohio St. 675, 155 N.E. 386, the court refers to the account under consideration as a mutual running account in which there is a presumption that all transactions between the parties are a part of that same account, and the balance due is considered to be on demand. Such mutual dealing over a period of time is basically contractual.

{¶ 4} If an action on an account is founded in contract, plaintiff must first show the existence of a contract. “ ‘A contract is an agreement, upon sufficient consideration, between two or more persons to do or not to do a particular thing.’ ” Barlay v. Yoga’s Drive Thru, 10th Dist. No. 03AP-545, 2003-Ohio-7164, 2003 WL 23024481, ¶ 5, quoting Lawler v. Burt (1857), 7 Ohio St. 340, 349. In order to prove the existence of a contract, “ ‘a plaintiff must show that both parties consented to the terms of the contract, that there was a “meeting of the minds” of both parties, and that the terms of the contract are definite and certain.’ ” Id. at ¶ 6, quoting McSweeney v. Jackson (1996), 117 Ohio App.3d 623, 631, 691 N.E.2d 303. Therefore, this court will determine whether a contract existed between plaintiff and defendants.

{¶ 5} Defendants dispute that they owe plaintiff the amount claimed. Defendants argue that the $1,494.40 claimed exceeds the maximum total estimate the plaintiff gave to defendants prior to providing the veterinary services. Defendants signed a services estimate and client authorization for treatment with plaintiff on May 9, 2005 (“Estimate and Authorization”). Box A of the Estimate and Authorization, regarding primary specialty service, states: “Estimate $3,000 to $4,000.” Box C of the estimate and authorization, regarding emergency department, states: “Estimate $450 to $525.” Defendants have paid $4,500 to plaintiff, but refuse to pay the remaining $1,494.40 of plaintiffs claim.

[39]*39{¶ 6} A valid contract consists of an offer, acceptance, and consideration. Motorists Mut. Ins. Co. v. Columbus Fin., Inc., 168 Ohio App.3d 691, 2006-Ohio-5090, 861 N.E.2d 605, ¶ 7, citing Tersigni v. Gen. Tire, Inc. (1993), 91 Ohio App.3d 757, 760, 633 N.E.2d 1140. A meeting of the minds as to the essential terms of the agreement is a requirement to enforcing the contract. Motorists, citing Episcopal Retirement Homes, Inc. v. Ohio Dept. of Indus. Relations (1991), 61 Ohio St.3d 366, 369, 575 N.E.2d 134. The Tenth District Court of Appeals has held that “ ‘[t]ypically, a price quotation is considered an invitation for an offer, rather than an offer to form a binding contract.’ ” L.B. Trucking Co., Inc. v. C.J. Mahan Constr. Co., 10th Dist. No. 01AP-1240, 2002-Ohio-4394, 2002 WL 1969645, ¶ 39, quoting Dyno Constr. Co. v. McWane, Inc. (C.A.6, 1999), 198 F.3d 567, 572. See, also, TLG Electronics, Inc. v. Newcome Corp. (Mar. 5, 2002), 10th Dist. No. 01AP-821, 2002 WL 338203. “ ‘However, a price quotation may suffice for an offer it is sufficiently detailed and it “reasonably appear[s] from the price quotation that assent to that quotation is all that is needed to ripen the offer into a contract.” ’ ” L.B. Trucking at ¶ 39, quoting Quaker State Mushroom Co. v. Dominick’s Finer Foods, Inc., of Illinois (N.D.Ill.1986), 635 F.Supp. 1281, 1284.

{¶ 7} The court finds that the estimate, or price quotation, in the instant case did suffice as an offer and further finds that defendants assented and accepted the offer, thereby ripening the estimate into a contract. The court makes this finding considering the evidence presented at trial. First, the estimate and authorization contains several statements which lead this court to such conclusion. The name alone, “Services Estimate and Client Authorization for Treatment,” supports that conclusion. The document is more than just an estimate, it is defendants’ authorization for plaintiff to perform veterinary services. Several other clauses support the court’s conclusion, including “The above is an estimate (a judgment as to the approximate cost) and could increase due to complications or unexpected conditions”; “Complications are a part of the risk in medical/surgical procedures, I understand that unforeseen complications may occur during the hospital stay or after discharge. These complications may increase my bill. I can receive billing updates as I receive updates on the condition of my pet, if so requested”; and “Additional days in the hospital will increase this estimate depending on the amount of care required. These fees start at a minimum of $150.00 per 24 hours for boarding, to an average of $250.00 to $325.00 for hospitalization, depending on the amount of care needed”; “The above statements have been explained to me and any questions have been answered. To the extent noted above, I hereby authorize the doctors on duty and assistants to administer treatment as is considered therapeutically and/or diagnostically necessary on the basis of their findings. I also consent to the administration of anesthetics and surgical intervention if necessary. I consent to [40]*40the release of medical information and authorize direct payment to MedVet Associates, Ltd. I assume responsibility for all charges and understand all balances are to be paid upon release of my pet.” Defendant William Sebring signed the estimate and authorization.

{¶8} Defendants testified that in response to their question whether there would be any surprises as to cost, Dr. Mauer, an employee of plaintiff, told them “[N]o, depending on what we find.” They also testified that Dr. Mauer assured defendants that it would be between $3,000 and $4,000 and would only cost more if the dog spent an extra day in the hospital. Defendants testified that they informed Dr. Mauer that they could not afford the treatment for their dog. Defendant Sherrie Sebring testified that she requested updates on Zoe’s condition, but that no one called.

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Related

Dyno Construction Company v. McWane Inc.
198 F.3d 567 (Sixth Circuit, 1999)
Quaker State Mushroom Co. v. Dominick's Finer Foods, Inc.
635 F. Supp. 1281 (N.D. Illinois, 1986)
Busler v. D & H Manufacturing, Inc.
611 N.E.2d 352 (Ohio Court of Appeals, 1992)
Barlay v. Yoga's Drive-Thru, Unpublished Decision (12-30-2003)
2003 Ohio 7164 (Ohio Court of Appeals, 2003)
Tersigni v. General Tire, Inc.
633 N.E.2d 1140 (Ohio Court of Appeals, 1993)
Motorists Mutual Insurance v. Columbus Finance, Inc.
861 N.E.2d 605 (Ohio Court of Appeals, 2006)
American Security Service, Inc. v. Baumann
289 N.E.2d 373 (Ohio Court of Appeals, 1972)
McSweeney v. Jackson
691 N.E.2d 303 (Ohio Court of Appeals, 1996)
Ludwig Hommel & Co. v. Incorporated Village of Woodsfield
155 N.E. 386 (Ohio Supreme Court, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
870 N.E.2d 268, 142 Ohio Misc. 2d 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medvet-associates-inc-v-sebring-ohmunictfrankli-2007.