[Cite as Trammell v. Broner, 2023-Ohio-4143.]
COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT
TYLER R. TRAMMELL JUDGES: Hon. William B. Hoffman, P.J. Plaintiff-Appellee Hon. John W. Wise, J. Hon. Patricia A. Delaney, J. -vs- Case No. 2023CA00032 MARY BRONER, ET AL.,
Defendants-Appellants OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Stark County Court of Common Pleas, Case No. 2022 CV 00503
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: November 16, 2023
APPEARANCES:
For Plaintiff-Appellee For Defendants-Appellants
TODD B. KOTLER SAM THOMAS, III JASON N. BING Sam Thomas III & Associates, LLC Arnold, Gruber & Haren LTD 23880 Commerce Park, Suite #2 4580 Stephen Circle, N.W., Suite #100 Beachwood, Ohio 44122 Canton, Ohio 44718
MICHAEL S. GRUBER, ESQ. 6370 Mt. Pleasant Street, N.W. North Canton, Ohio 44720 Stark County, Case No. 2023CA00032 2
Hoffman, P.J. {¶1} Defendants-appellants Mary Broner and William H. Ingram (“Broner” and
“Ingram,” individually; “Appellants,” collectively) appeal the March 2, 2023 Judgment
Entry entered by the Stark County Court of Common Pleas, which granted summary
judgment in favor of plaintiff-appellee Tyler R. Trammel (“Trammell”).
STATEMENT OF THE FACTS AND CASE
{¶2} Broner and Ingram are sister and brother. On May 8, 2009, Clarence E.
Ingram conveyed to Ingram real property located at 1724 Huron Road S.E., Massillon,
Stark County, Ohio (“the Property”). On October 29, 2018, Ingram executed a durable
power of attorney designating Lawrence E. Ingram as his attorney-in-fact for real estate
transactions, among other authorities. On May 10, 2019, Trammell entered into a Land
Contract with Ingram, through Lawrence Ingram as Ingram’s power of attorney, for the
purchase of the Property. Trammell paid $2400 as a deposit followed by four (4) monthly
payments of $400, commencing June 15, 2019, and ending September 15, 2019, for a
total purchase price of $4000.1
{¶3} Pursuant to the Land Contract, Ingram, through Lawrence Ingram, would
“convey the Property to [Trammell] by transferable and recordable general warranty deed,
free of all liens and encumbrances” within fifteen (15) days of the final payment. In
addition, the Land Contract provided Lawrence Ingram would record the Land Contract
with the Stark County Recorder within six (6) months of the date of its execution.
1 The first page of the Land Contract, attached as Exhibit 2 to Trammell’s Complaint, indicates a deposit amount of $2800. However, the second page states a deposit in the amount of $2400, was paid on the date of the Land Contract. Because the total purchase price was $4000, we find the deposit amount of $2800, noted on the first page of the Land Contract, was a scrivener’s error and does not affect the outcome of this appeal. Stark County, Case No. 2023CA00032 3
Lawrence Ingram passed away shortly after the execution of the Land Contract. The
deed was never recorded and the Property was never transferred to Trammell. Trammell
has been in sole possession of the Property since the execution of the Land Contract. In
addition to occupying the Property, Trammell has expended significant time and money
to improve the Property. Following Lawrence Ingram’s death, Broner contacted Trammell
inquiring if he would sell the Property to her. They could not agree on a purchase price;
therefore, a sale did not occur.
{¶4} In May, 2021, Broner filed an eviction against Trammell in the Massillon
Municipal Court. The matter was dismissed in favor of Trammell on June 21, 2021. On
July 10, 2021, Ingram attempted to convey the Property to Broner by executing a quitclaim
deed. No money was paid in exchange for the transfer. The deed was recorded on July
19, 2021. Broner filed a second eviction action against Trammell in the Massillon
Municipal Court on July 26, 2021. The matter was dismissed in favor of Trammell on
August 31, 2021.
{¶5} On January 28, 2022, Trammell recorded an Affidavit of Facts Related to
Title with the Stark County Recorder. Thereafter, on April 6, 2022, Trammell filed a
complaint against Appellants for quiet title, specific performance under the Land Contract
pursuant to R.C. 5313.04, or, in the alternative, for breach of contract. With leave of court,
Appellants filed Answers on May 25, 2022. Counsel for Trammell served Interrogatories,
Requests for Production of Documents, and Requests for Admissions upon Appellants
on August 12, 2022. Appellants neither responded nor filed a request an extension of
time in which to respond. Stark County, Case No. 2023CA00032 4
{¶6} On October 14, 2022, Trammell filed a motion to compel discovery pursuant
to Civ. R. 37 and motion to deem matters admitted pursuant to Civ. R. 36. Appellants
failed to respond to the motions. The trial court issued an Order on December 2, 2022,
ordering Appellants to respond to Trammell’s Interrogatories and Requests for Production
of Documents no later than December 9, 2022. Therein, the trial court also deemed
admitted Admissions Nos. 1 -5 as to Broner and Admissions Nos. 1-6 as to Ingram and
excluded “any testimony or other evidence contrary to the same.” December 2, 2022
Order. Appellants did not object to the trial court’s December 2, 2022 Order nor did they
seek reconsideration. Appellants failed to comply with the December 2, 2022 Order.
{¶7} On December 19, 2022, Trammell filed a motion for summary judgment.
Appellants filed a brief in opposition on February 22, 2023. Trammell filed a reply on
February 27, 2023. Via Judgment Entry filed March 2, 2023, the trial court granted
summary judgment in favor of Trammell. The trial court found Trammell was the rightful
owner of the Property, having completed all of his obligations under the Land Contract.
The trial court further found when Ingram quitclaimed the Property to Broner, Broner knew
the Land Contract had been completed and knew Trammell was the rightful owner and
was in possession of the Property. The trial court ordered Ingram to convey the Property
to Trammell.
{¶8} It is from this judgment entry Appellants appeal, raising the following
assignments of error: Stark County, Case No. 2023CA00032 5
I. THE LOWER COURT ERRED TO THE PREJUDICE OF THE
APPELLANTS BY RENDERING JUDGMENT UPON THE ALLEGED
DISCOVERY “ADMISSIONS” PROPOUNDED BY THE APPELLEE.
II. REVIEWING APPELLEE’S MOTION FOR SUMMARY
JUDGMENT DE NOVO, THE RECORD IS CLEAR AND CONVINCING
THAT THE TRIAL [COURT] ERRED TO THE PREJUDICE OF THE
APPELLANTS AND ABUSED ITS DISCRETION BY GRANTING THE
APPELLEE’S MOTION FOR SUMMARY JUDGMENT IN FAVOR OF THE
APPELLEE.
I
{¶9} In their first assignment of error, Appellants contend the trial court erred in
rendering judgment in favor of Trammell based upon finding Trammell's requests for
admissions were deemed admitted. We disagree.
{¶10} Under Civ.R. 36(A), a party to a lawsuit may serve a written request for
admissions on the opposing party. Unless the court modifies the timeframe, the receiving
party must answer or object to the admissions within 28 days after the requests for
admissions are served or else the admissions are deemed admitted. Civ.R. 36(A)(1).
{¶11} “[W]here a party fails to timely respond to the requests for admissions, those
admissions become fact.” Bayview Loan Servicing, L.L.C. v. St. Cyr, 2017-Ohio-2758, 90
N.E.3d 321, ¶ 15 (8th Dist.), citing Smallwood v. Shiflet, 8th Dist. Cuyahoga No. 103853,
2016-Ohio-7887, ¶ 18. Civ.R. 36 is a self-enforcing rule. 6750 BMS, L.L.C. v. Drentlau,
8th Dist. Cuyahoga No. 103409, 2016-Ohio-1385, 62 N.E.3d 928, ¶ 13. Therefore, if the Stark County, Case No. 2023CA00032 6
requests are not timely answered, they are automatically admitted and recognized by the
trial court unless a party moves to withdraw or amend its admissions under Civ.R. 36(B).
Id.
{¶12} With that said, however, the trial court has discretion — upon motion by a
party — to permit the withdrawal or amendment of Civ.R. 36(A) admissions. Id. at ¶ 15.
Civ.R. 36 does not specify whether a formal motion is required and the rule does not
identify the timeframe in which the motion must be filed. Balson v. Dodds, 62 Ohio St.2d
287, 290, 405 N.E.2d 293 (1980), fn. 2. Courts have accepted — absent a written or oral
motion to withdraw — various challenges to the truth of an admission as implicit motions
to withdraw. Ezzo v. Ezzo, 11th Dist. Ashtabula No. 2018-A-0059, 2019-Ohio-2395, ¶ 29.
See, Balson, supra at fn. 2 (contesting the truth of admissions serves as evidence of a
motion to withdraw the admissions); see also, 6750 BMS supra at ¶ 17 (a party's response
to a motion to declare admissions admitted and simultaneously filing an answer to the
requests for admissions act as a motion to withdraw); and Haskett v. Haskett, 11th Dist.
Lake No. 2011-L-155, 2013-Ohio-145, ¶ 25 (challenging the truth of the admissions
during trial proceedings represents a motion to withdraw).
{¶13} In Cleveland Trust Co. v. Willis, 20 Ohio St.3d 66, 67, 485 N.E.2d 1052
(1985), the Ohio Supreme Court held a trial court's decision to allow the withdrawal or
amendment of admissions must take into consideration the impact the admissions will
have on the litigation and the resulting prejudice to the opposing party. Specifically, the
High Court stated: Stark County, Case No. 2023CA00032 7
The court may permit the withdrawal if it will aid in presenting the
merits of the case and the party who obtained the admission fails to satisfy
the court that withdrawal will prejudice him in maintaining his action. Balson
v. Dodds, 62 Ohio St. 2d 287 [16 O.O.3d 329, 405 N.E.2d 293] (1980),
paragraph two of the syllabus. This provision emphasizes the importance
of having the action resolved on the merits, while at the same time assuring
each party that justified reliance on an admission in preparation for trial will
not operate to his prejudice.
{¶14} Id. at 67.
{¶15} Appellants argue by contesting the truth of the substance of the Civ. R.
36(A) admissions in their brief in opposition to Trammell’s motion for summary judgment,
they satisfied the requirements of Civ. R. 36(B) and the trial court should have permitted
them to withdraw or amend the admissions.
{¶16} The decision as to whether to permit a modification to admissions rests in a
trial court's sound discretion. Balson v. Dodds (1980), 62 Ohio St.2d 287, 405 N.E.2d 293;
Civ.R. 36(B). In order to find an abuse of discretion, we must determine the trial court's
decision was unreasonable, arbitrary or unconscionable and not merely an error of law or
judgment. Blakemore v. Blakemore (1983) 5 Ohio St.3d 217, 450 N.E.2d 1140.
{¶17} In Bush v. Eckman, 5th Dist. Licking No. 07CA0115, 2008–Ohio–5080, this
Court found: Stark County, Case No. 2023CA00032 8
In making its determination of whether to permit a withdrawal or
amendment of the admissions, the trial court is required to consider the
elements of Civ.R. 36(B). Ohio courts have stylized this consideration into
a multi-pronged analysis. See Kutcscherousky v. Integrated
Communications Solutions, LLC, 5th Dist. No.2004CA00338, 2005–Ohio–
4275; RKT Properties, LLC v. City of Northwood, 6th Dist. No. WD–05–009,
2005–Ohio–4178; Farmers Ins. Of Columbus, Inc. v. Lister, 5th Dist. No,
2005–CA–29, 2006–Ohio–142; B & T Distributors v. CSK Const., Inc., 6th
Dist. No. L–07–1362, 2008–Ohio–1855. First, there is the overreaching goal
that cases should be resolved on their merits. The court must determine
whether the amendment or withdrawal of the admissions will aid in
presenting the merits of the case. Cleveland Trust, 20 Ohio St.3d at 67. If
the court so determines, the burden then shifts to the party who obtained
the admissions to establish that the withdrawal or amendment will prejudice
the party in maintaining their action. Id.; Balson v. Dodds (1980), 62 Ohio
St.2d 287, 405 N.E.2d 293, paragraph two of the syllabus. “Against this
prejudice, the court must weigh the ‘compelling’ circumstances that led to
the failure to respond to the request for admissions.” RKT Properties, supra
at ¶ 12, citing Cleveland Trust, supra and Balson, supra.
{¶18} Id. at ¶ 23.
{¶19} Appellants assert the trial court failed to undergo this analysis. Assuming,
arguendo, the trial court did not undergo the analysis, we, nonetheless find the trial court Stark County, Case No. 2023CA00032 9
did not abuse its discretion by denying Appellants’ request to withdraw or amend the
admissions. Appellants have failed to set forth ANY reason, compelling or otherwise, for
their failure to respond at all to Trammell’s request for admissions.
{¶20} Counsel for Trammell propounded Interrogatories, Requests for Production
of Documents, and Requests for Admissions upon Appellants on August 12, 2022.
Appellants neither responded nor filed a request an extension of time in which to respond.
On October 14, 2022, Trammell filed a motion to compel discovery pursuant to Civ. R. 37
and motion to deem matters admitted pursuant to Civ. R. 36. Appellants did not respond
to the motions. Via Order filed December 2, 2022, the trial court ordered Appellants to
respond to Trammell’s Interrogatories and Requests for Production of Documents no later
than December 9, 2022. The trial court also deemed admitted Admissions Nos. 1 -5 as
to Broner and Admissions Nos. 1-6 as to Ingram and excluded “any testimony or other
evidence contrary to the same.” Id. Appellants did not object to the trial court’s December
2, 2022 Order nor did they seek reconsideration. Appellants never responded to
Trammell’s request for admissions.
{¶21} Based upon the foregoing, Appellants’ first assignment of error is overruled.
II
{¶22} In their second assignment of error, Appellants challenge the trial court’s
grant of summary judgment in favor of Trammell.
{¶23} Summary judgment proceedings present the appellate court with the unique
opportunity of reviewing the evidence in the same manner as the trial court. Smiddy v.
The Wedding Party, Inc., 30 Ohio St.3d 35, 36, 506 N.E.2d 212 (1987). As such, this Stark County, Case No. 2023CA00032 10
Court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co., 77
Ohio St.3d 102, 105, 671 N.E.2d 241 (1996).
{¶24} Civ.R. 56 provides summary judgment may be granted only after the trial
court determines: 1) no genuine issues as to any material fact remain to be litigated; 2)
the moving party is entitled to judgment as a matter of law; and 3) it appears from the
evidence that reasonable minds can come to but one conclusion and viewing such
evidence most strongly in favor of the party against whom the motion for summary
judgment is made, that conclusion is adverse to that party. Temple v. Wean United, Inc.,
50 Ohio St.2d 317, 364 N.E.2d 267 (1977).
{¶25} It is well established the party seeking summary judgment bears the burden
of demonstrating no issues of material fact exist for trial. Celotex Corp. v. Catrett, 477
U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The standard for granting
summary judgment is delineated in Dresher v. Burt, 75 Ohio St.3d 280 at 293, 662 N.E.2d
264 (1996): “* * * a party seeking summary judgment, on the ground that the nonmoving
party cannot prove its case, bears the initial burden of informing the trial court of the basis
for the motion, and identifying those portions of the record that demonstrate the absence
of a genuine issue of material fact on the essential element(s) of the nonmoving party's
claims. The moving party cannot discharge its initial burden under Civ.R. 56 simply by
making a conclusory assertion the nonmoving party has no evidence to prove its case.
Rather, the moving party must be able to specifically point to some evidence of the type
listed in Civ.R. 56(C) which affirmatively demonstrates the nonmoving party has no
evidence to support the nonmoving party's claims. If the moving party fails to satisfy its
initial burden, the motion for summary judgment must be denied. However, if the moving Stark County, Case No. 2023CA00032 11
party has satisfied its initial burden, the nonmoving party then has a reciprocal burden
outlined in Civ.R. 56(E) to set forth specific facts showing there is a genuine issue for trial
and, if the nonmovant does not so respond, summary judgment, if appropriate, shall be
entered against the nonmoving party.” The record on summary judgment must be viewed
in the light most favorable to the opposing party. Williams v. First United Church of Christ,
37 Ohio St.2d 150, 309 N.E.2d 924 (1974).
Quiet Title
{¶26} An action to quiet title is governed by R.C. 5303.01, which provides, in
relevant part:
An action may be brought by a person in possession of real property,
by himself or tenant, against any person who claims an interest therein
adverse to him, for the purpose of determining such adverse interest.
R.C. 5303.01.
{¶27} The purpose of any quiet-title action is to conclusively determine the
allocation of property interests. Ochsenbine v. Village of Cadiz, 7th Dist., 166 Ohio App.3d
719, 2005-Ohio-6781, 853 N.E.2d 314, ¶ 13. “The burden of proof in a quiet title action
rests with the complainant as to all issues which arise upon essential allegations of his
complaint. He must prove title in himself if the answer denies his title or if the defendant
claims title adversely.” Id.
{¶28} Appellants submit the “trial court improperly opined that the ‘uncontroverted
facts establish that [Appellee] is the rightful owner of the Property, having completed all Stark County, Case No. 2023CA00032 12
of his obligations under the Land Contract.’ ” Brief of Appellants at p. 11. Appellants set
forth three assertions in support of their position. First, Appellants maintain the trial court
erred in finding “the document proffered by [Trammell] was an enforceable land contract
and thus the terms thereof were fully satisfied by [him].” Id. at p. 12. Next, Appellants
contend the trial court improperly voided the quit claim deed which transferred the
Property to Broner upon an erroneous finding Broner was not a bona fide purchaser.
Finally, Appellants argue the trial “court erred in ruling that the lack of recording [of the
Land Contract] was not fatal to the attempted enforcement of the alleged land contract
and that Appellant Broner was not a bona fide purchaser.” Id. at p. 14.
{¶29} The trial court relied upon the facts as “demonstrated by the affidavit and
admissions submitted by [Trammell],” noting Appellant had not submitted any evidentiary
materials to dispute the facts. March 2, 2023 Judgment Entry at p. 8. Even without
consideration of the admissions deemed admitted, we find the undisputed facts as set
forth in Trammell’s affidavit establish the trial court properly granted summary judgment
on Trammell’s claim for quiet title.
{¶30} In his affidavit in support of his motion for summary judgment, Trammell
averred:
6. On May 10, 2019, Lawrence Edward Ingram, as attorney-in-fact
for William H. Ingram, entered into a Land Contract as Seller and Affiant as
Buyer for the Property, which on January 28, 2022 was recorded as
Instrument No. 202201280004396 in the Stark County Records. * * * Stark County, Case No. 2023CA00032 13
7. The Land Contract provided for payment of the total purchase
price of $4,000.00 by a $2,800.00 deposit and $400 monthly payments to
follow, beginning on June 15, 2019 and ending on September 15, 2019.
8. I timely paid each and every one of those payments as provided
in the Land Contract by depositing the payments into Seller’s bank account.
9. Upon information and belief, Lawrence Edward Ingram died
shortly after I made the last payment according to the Land Contract.
10. Neither Lawrence Edward Ingram, as attorney-in-fact nor William
H. Ingram, conveyed the Property by deed to me.
11. I have performed all duties under the Land Contract precedent to
receiving the deed to the Property.
12. I have had possession of the Property since I signed the [L]and
[C]ontract and I expended over 500 hours of personal labor and in excess
of $12,000.00 in improving the Property in addition to the amounts paid
under the Land Contract to purchase the Property.
13. Mary E. Broner, upon information and belief, the sister of William
H. Ingram, contacted me about the Property after the death of Lawrence
Edward Ingram. She asked if I would sell the Property to her. I gave her a
price but she has not purchased the Property from me.
**
15. On July 10, 2021, Mary E. Broner, despite knowing that I had a
[sic] paid in full for the Land Contract, and after discussing the purchase of
the Property from me, had her brother, William H. Ingram, quit claim the Stark County, Case No. 2023CA00032 14
Property to her by deed recorded on July 19, 2021 as Instrument No.
202107190037070 of the Stark County Records. * * *
16. I have not transferred, disclaimed or abandoned any of my right,
title and interest in the Property.
Affidavit of Tyler R. Trammell, attached as Exhibit 1 to Plaintiff Tyler
R. Trammell’s Motion for Summary Judgment.
{¶31} The averments in Trammell’s affidavit establish, Trammell, having
completed all of his obligations under the Land Contract, was the equitable and legal
owner of the Property. See, Blue Ash Bldg. & Loan Co. v. Hahn (1984), 20 Ohio App.3d
21, 24, 484 N.E.2d 186, 189 (1984). Appellants failed to submit any evidentiary material
to dispute these facts.
{¶32} Appellants also failed to present any evidence to support their position
Broner was a bona fide purchaser. “A bona fide purchaser is defined as one who acquires
the apparent legal title to property in good faith for a valuable consideration and without
notice of a claim or interest of a third person under the common source of title.” Harrold
v. Homsher, 3rd Dist. Hancock No. 5–02–13, 2002–Ohio–4688, ¶ 12 (Internal quotations
and citation omitted). Based upon the averments in Trammell’s affidavit, we find the trial
court correctly found Broner was not a bona fide purchaser. The evidence established
Broner acquired title in the Property from Ingram, her brother, in July, 2021, without
valuable consideration. In addition, Broner had actual knowledge Trammell had
completed his obligations under the Land Contract and was in possession of the Property.
Broner approached Trammell about purchasing the Property, but did not complete the Stark County, Case No. 2023CA00032 15
transaction. Broner attempted, twice, to evict Trammell, and was unsuccessful both
times.
{¶33} Appellants further argue, pursuant to R.C. 5301.23, the failure of Ingram,
through his attorney-in-fact Lawrence Ingram, to record the Land Contract operated to
void Trammell’s ownership interest in the Property. “In Ohio, the failure or success of
recording an instrument has no effect on its validity as between the parties to that
instrument.” Bank of New York Mellon Trust Co., N.A., v. Loudermilk, 5th Dist. Fairfield
No. 2012-CA-30, 2013-Ohio-2296, ¶ 29 (Internal quotations and citation omitted). “The
purpose of the recording statutes is to put other lien holders on notice and to prioritize the
liens.” Id. (Citation omitted).
{¶34} Based upon the foregoing, we find the trial court did not err in granting
summary judgment in favor of Trammell on his claim to quiet title.
Breach of Contract
{¶35} To establish a claim for breach of contract, a plaintiff must prove: (1) the
existence of a contract, (2) performance by the plaintiff, (3) breach by the defendant, and
(4) damages or loss resulting from the breach. Lucarell v. Nationwide Mut. Ins. Co., 152
Ohio St.3d 453, 2018-Ohio-15, 97 N.E.3d 458, ¶ 41.
{¶36} Appellants maintain the trial court improperly found Trammell established
all of the required elements for a breach of contract claim. Appellants suggest the trial
“court failed to undergo the necessary analysis under applicable Ohio law as to the
existence, construction, enforceability, and applicability of the alleged land contract.”
Brief of Appellants at p. 16. Appellants continued, “Moreover, the purported ‘agreement’
was not otherwise enforceable.” Id. Stark County, Case No. 2023CA00032 16
{¶37} The trial court found Trammell proved “(1) the existence of a valid and
enforceable contract (the Land Contract), (2) [Trammell’s] performance of his own
obligations thereunder, and (3) the breach of its terms by . . . Ingram (specifically, the
obligation to record the Land Contract and to execute and record a deed conveying the
Property to [Trammell]). March 2, 2023 Judgment Entry at p. 9.
{¶38} Without consideration of the admissions deemed admitted, we find the
undisputed facts as set forth in Trammell’s affidavit establish the trial court properly
granted summary judgment on Trammell’s claim for breach of contract. Trammell
established he and Lawrence Ingram, as Ingram’s attorney-in-fact, entered into a Land
Contract. Trammell performed all of his obligations under the Land Contract. Neither
Lawrence Ingram nor Ingram conveyed the Property by deed to Trammell. As did the
trial court, we find Ingram failed to submit any evidence demonstrating the existence of a
genuine issue of material fact regarding this claim.
{¶39} Based upon the foregoing, we find the trial court did not err in granting
summary judgment in favor of Trammell on his claim for breach of contract.
Specific Performance
{¶40} “Specific performance of a promise that is the basis of a contract is a form
of equitable relief. The remedy of specific performance is available when the promisor's
failure to perform constitutes a breach of the * * * contract, and a remedy for the breach
which is ordinarily available at law, such as money damages, will not afford the promisee
adequate relief for a loss arising from the breach.” Gehret v. Rismiller, 2d Dist. No.
06CA1705, 2007-Ohio-1893, 2007 WL 1174464, ¶ 14, citing 84 Ohio Jurisprudence 3d,
Specific Performance, § 8. “[W]here land is the subject matter of the agreement, the Stark County, Case No. 2023CA00032 17
jurisdiction of equity to grant specific performance does not depend upon the existence
of special facts showing the inadequacy of a legal remedy in the particular case. * * *
Contracts involving interests in land * * * generally are specifically enforced because of
the clear inadequacy of damages at law for breach of contract.” Sorrell v. Micomonaco,
12th Dist. Warren No. CA2016-07-060, 89 N.E.3d 21, 2017-Ohio-1498, ¶ 28 (Citation and
internal citations omitted).
{¶41} Specific performance as a remedy for breach of contract is a matter resting
in the sound discretion of the court, not arbitrary, but controlled by principles of equity, on
full consideration of the circumstances of each particular case. Roth v. Habansky,
Cuyahoga App. No. 82027, 2003–Ohio–5378. The standard of review in such a case is
whether the trial court, sitting as a court of equity, abused its discretion. Id. (Citation
omitted).
{¶42} “Whether specific performance is the proper remedy for a seller of real
property, must be determined on a case-by-case basis. The duty of a court of equity to
decree specific performance of a contract to convey real estate cannot be determined by
any fixed rule, but depends upon the peculiar facts and equitable considerations of each
case, and rests in the sound discretion of the court.” Patel v. Larkin, 5th Dist. Tuscarawas
No.1999 AP 010005, 2000 WL 94498, *7 (Citation and internal quotations omitted).
{¶43} At dispute in the instant action is a piece of real property. As did the trial
court, we find the Property is unique and unusual. Trammell expended money and a
significant amount of his own time making improvements to the Property. Further,
Trammell has been in possession of the Property since 2019. Accordingly, based upon Stark County, Case No. 2023CA00032 18
the facts and circumstances in this case and equitable considerations, we find the trial
court did not abuse its discretion in ordering specific performance.
{¶44} Appellants’ second assignment of error is overruled.
{¶45} The judgment of the Stark County Court of Common Pleas is affirmed.
By: Hoffman, P.J. Wise, J. and Delaney, J. concur