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KILKO v. LOCKHART

No. 2012-L-003.

2012 Ohio 5026

GEORGE KILKO, Plaintiff-Appellant, v. HELEN LOCKHART, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eleventh District, Lake County.

October 29, 2012.

Attorney(s) appearing for the Case

Walter J. McNamara, III, McNamara & Loxterman, 8440 Station Street, Mentor, OH 444060 (For Plaintiff-Appellant).

A. Pearce Leary, 401 South Street, Bldg. 4-A, Chardon, OH 44024 (For Defendants-Appellees).

OPINION

DIANE V. GRENDELL, J.

{¶1} Plaintiff-appellant, George Kilko, appeals the Opinion and Judgment Entry of the Lake County Court of Common Pleas, finding in favor of defendant-appellee, Helen Lockhart, on a claim for breach of contract (asset purchase agreement). The issue before this court is whether a trial court may find that a party has failed to prove that he overpaid under the terms of a contract, based on a mutual mistake of...

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