United States Sixth Circuit

Plaintiffs stated a cause of action for breach of contract under Ohio law, because the parties did not include language in the contract indicating that a warranty provision was plaintiff's exclusive remedy for defective workmanship or materials. An indemnity clause was ambiguous and will be construed against plaintiff, the drafter.

Appellate Information

• Decided 02/11/2003
• Published 02/11/2003

Judges

• Before: BATCHELDER and MOORE, Circuit Judges;  COLLIER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Daniel F. Edwards (briefed), Thompson & Hine, Columbus, OH, James W. Logan, Jr. (argued and briefed), Logan, Jolly & Smith, Anderson, SC, for Plaintiffs-Appellants.


• For Appellees:
  
• Larry H. James (briefed), Christina L. Corl (argued and briefed), Crabbe, Brown & James, Columbus, OH, for Defendant-Appellee.