Simpson v. Smith

517 N.E.2d 276, 34 Ohio Misc. 2d 7, 1987 Ohio Misc. LEXIS 150
CourtLicking County Municipal Court
DecidedApril 3, 1987
DocketNo. 86-CVH-0679
StatusPublished
Cited by4 cases

This text of 517 N.E.2d 276 (Simpson v. Smith) is published on Counsel Stack Legal Research, covering Licking County Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simpson v. Smith, 517 N.E.2d 276, 34 Ohio Misc. 2d 7, 1987 Ohio Misc. LEXIS 150 (Ohio Super. Ct. 1987).

Opinion

Frost, J.

This matter was commenced by the filing of a complaint on July 29,1986 wherein it was alleged by the plaintiffs, Carl E. Simpson and Terri Gatewood, that Timothy C. Smith, one of the co-defendants herein, had contracted to perform mechanical and body service on a 1965 Ford Mustang owned by the plaintiffs and that some work had been performed, but that defendant Smith refused to return the automobile to the owners without being first paid for the services rendered and that the automo[8]*8bile was being wrongfully withheld. The plaintiffs further alleged that Smith, as well as co-defendants, Dale Willis and Gary Willis, committed violations of the Ohio Consumer Sales Practices Act and as a result thereof the plaintiffs had been damaged. The plaintiffs requested in their complaint that the court order a return of the automobile and damages.

Oh September 2, 1986, Dale Willis and Gary Willis filed an answer to the complaint denying the allegations and setting forth the defense that no privity existed between themselves and the plaintiffs. On September 19, 1986, Smith filed his answer and counterclaim denying the allegation and claiming an amount due and owing from the plaintiffs for services performed.

A replevin hearing for the immediate return of the automobile was scheduled for September 22, 1986 at which the plaintiffs and Smith appeared. At the hearing it was discovered that Smith had obtained a new certificate of title to the automobile as a result of his alleged garageman’s lien by applying for the new title through the procedures authorized by R.C. 4505.101. It was agreed at the hearing that the plaintiffs and Smith would place both certificates of title in escrow with the court, that the plaintiffs would post $500 with the court as bond on the replevin action, and that the automobile would be returned to the plaintiffs subject to the final disposition of the case. The attorneys for the parties were directed to prepare and submit a proposed judgment entry to the court containing the above-stated agreement. This judgment entry was filed with the court on September 26, 1986, four days later. In the meantime, however, Smith sold the automobile to another person identified as Marvin Lilley who allegedly lived in Florida. A hearing was held to determine whether Smith should be held in contempt of court for his failure to abide by the agreement entered into by the parties. Smith’s attorney withdrew as counsel in the case and Smith appeared at the hearing unrepresented. From the testimony taken, Smith was found in contempt of court and sentenced to ten days in jail. The automobile was never relocated and attempts to join Lilley as a party to this action have remained unsuccessful since his residence is unknown to the parties.

At the trial herein plaintiff Gatewood testified that her father had purchased the 1965 Mustang for her use and that it needed some minor body and mechanical repairs. She placed an advertisement with a business establishment soliciting persons to perform the requested repairs. Smith contacted Gatewood by telephone concerning the work to be performed. According to Gatewood, Smith came to her house and gave her a verbal estimate for the repairs. The testimony from both Gatewood and Smith is confusing as to the amount agreed upon for both mechanical and body work. It is clear that Gatewood never requested, and Smith never offered, a written estimate concerning the repairs to be performed. Later that same day, Smith returned to the Gatewood residence with a wrecker and a wrecker driver. Although Gatewood did not see who was driving, she did notice the name of “Willis Garage” on the side of the truck. The car was then towed to the Willis Garage where Smith told Gatewood he would be performing the repairs. Gatewood testified that she thought Smith was associated in some manner with the Willis Garage.

Although the repairs were to be completed within two weeks, they were not completed within that length of time and Gatewood began to inquire as to the status of the repair work. On several occasions Gatewood stopped at [9]*9the Willis Garage to determine when the car repairs would be completed and talked to Smith at the garage. Smith advised Gatewood that $411 was needed, although Gatewood testified that she was never clear for what the money was being paid. Nevertheless, a check was issued to “Willie’s Garage [sic]” in the amount of $411 and given to Smith. Smith testified that the check was then given to Willis Garage for mechanical work which employees of Willis Garage performed on the automobile.

Thereafter, the relationship between Smith and Gatewood deteriorated and although Gatewood purchased some parts and Smith installed the parts, the parties became dissatisfied' with each other. Gatewood performed an inspection of the complete repairs and found some faults with the paint application. Smith testified that he corrected the problem and advised Gatewood to pay for the services and he would release the automobile. Payment was not forthcoming and the plaintiffs eventually filed this action.

Both Gary Willis and Dale Willis testified that Smith did not work as an employee for them or for the garage. They testified that Smith entered into an agreement with Gary Willis, the owner of the garage, to exchange services. The agreement was that Smith would be allowed to use the garage to perform some work on an automobile Dale Willis and Gary Willis thought was owned by Smith. In return, Smith agreed to perform some body work on a truck which was owned by Gary Willis and used in the course of the mechanical repair business performed by the Willis Garage. Smith confirmed that he was never employed by either Dale Willis or Gary Willis and that he was simply allowed to work in the garage as part of the above-stated agreement. Gatewood thought that Smith was an employee of Willis Garage and testified that Smith had told her he was an employee but admitted that neither Dale Willis nor Gary Willis had advised her that Smith was employed by them.

Finally, Simpson, as the owner of the automobile, testified that he purchased the 1965 Mustang for his daughter and that he considered it to be a collector’s item. He admitted that he had purchased the automobile a few months earlier and had listed the value on the certificate of title as $200. He explained that the previous owner needed to liquidate his assets quickly and that is the reason why he was able to purchase the automobile at such a reduced price. Simpson testified that he considered the value of the automobile to be approximately $3,000 due to the fact that it was considered to be a classic vehicle with a collector’s item appeal.

This court finds as a matter of law that it has jurisdiction over this matter under the authority of R.C. 1345.01 et seq. The contract for repair of the automobile was for “personal, family, or household” purposes, and therefore was a consumer transaction within the meaning of R.C. 1345.01(A). Further, Smith was a “supplier” within the meaning of R.C. 1345.01(C) in that he “engaged in the business of effecting * * * [a] consumer transaction * * as evidenced by the fact that he responded to a solicitation to perform automobile repairs for hire and he arranged for and secured the use of garage facilities for the purpose of engaging in the business of performing such repairs.

Having found jurisdiction to hear this matter, this court now proceeds to determine whether the defendants have committed a violation of the Ohio Consumer Sales Practices Act. Pursuant to the authority granted under R.C. 1345.05 and R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
517 N.E.2d 276, 34 Ohio Misc. 2d 7, 1987 Ohio Misc. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-smith-ohmunictlicking-1987.