![]() Johnson signed the lease for a 1989 Toyota with HNB as the lessor. In response to an inquiry from Johnson, Russell stated the cost of the car was the same whether it was purchased or leased, and calculated a sixty-month lease would require payments of $402.46 per month. Johnson decided it was more than he would be able to pay and, as he started to leave the dealership, Russell suggested he consider leasing the car. Based on her calculations, Russell told Johnson the cost of purchasing the car was $525 per month for sixty months. Russell inquired as to whether Johnson had a bank he preferred to deal with and, based on his past dealings with HNB, Johnson expressed a preference for that bank. Johnson was taken to the office of Rhonda Russell, an employee of Tansky, who was introduced to Johnson as the bank representative. Based on negotiations with the salesman, Johnson hoped to purchase the car for $18,950. Johnson went to Tansky Sawmill Toyota, Inc. "The trial court erred in sustaining Appellee Huntington National Bank's, hereinafter referred to as HNB, motion to dismiss following the Appellant's presentation of his evidence TT, P 109, 1 11-21 on the basis that Appellee HNB was not liable as a principal for the acts committed by its agents at Tansky Sawmill Toyota, Inc." Appellant sets forth the following assignment of error: Go toĪppellant, Paul Johnson, appeals from a judgment of the Franklin County Municipal Court which dismissed his complaint and entered judgment in favor of appellee, Huntington National Bank ("HNB"). Appellant, however, has not assigned as error whether the trial court applied the correct standard in sustaining the bank's motion and, inasmuch as the court in its judgment entry stated it weighed the evidence, for purposes of this appeal, we will treat the court's dismissal as one pursuant to Civ.R. 50, the court is not the trier of fact and does not weigh the evidence. 50(A)(4), the test is whether, construing the evidence most strongly in favor of the party against whom the motion is made, the court finds reasonable minds could come to only one conclusion which is adverse to the non-moving party. Following a motion for a directed verdict, pursuant to Civ.R.To establish such a relationship, it must be shown that the principal held the agent out to the public as possessing sufficient authority to act on its behalf and the person dealing with the agent believed the agent possessed the necessary authority. Generally, an agency relationship is a contractual relationship created by agreement, either express or implied, between the parties however, an agency relationship may also be created if the principal, in this instance the bank, causes or allows a third person, Russell, to act as an apparent agent. ![]() 41(B)(2) will not be set aside unless it is incorrect as a matter of law or is against the manifest weight of the evidence. 41(B)(2), the trial court is the trier of fact and is to weigh the evidence. The distinction is critical because there are two different tests to be utilized by the court. 41(B)(2) and not for a directed verdict, pursuant to Civ.R. In a trial to a court without a jury, a motion for judgment by a defendant at the close of plaintiff's case is one for dismissal, pursuant to Civ.R.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |