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Generally, a plaintiff must present evidence on several elements to successfully prosecute a breach of contract claim. Those elements include the existence of a contract, performance by the plaintiff, breach by the defendant, and damage or loss to the plaintiff.
Appellant purchasers contested the summary judgment rendered by the common pleas in opposition to appellants' breach of contract action seeking compensatory damages regarding the parties' oral agreement for the sale and purchase of Ostrich birds.
Did the the common pleas court err in ruling that no genuine issue of material fact, as required by Civil Rule 56(C), existed?
The court affirmed the summary judgment because appellants failed to establish a genuine issue of material fact under Ohio R. Civ. P. 56(C) on the issue of appellee sellers' liability for damages, despite appellants' claim that one bird was not the gender for which they bargained. The court held that appellants failed to prove that they suffered damages and did not seek them under the Ohio Commercial Code (Code), Ohio Rev. Code Ann. § 1301.01 et seq. The court found that appellants could have then notified appellees of the nonconforming bird in a reasonable time after discovering the breach under § 1302.65(C)(1), but could not now recover damages for the nonconformity under § 1302.88(A). The court found that after appellants accepted the goods under § 1302.66(A)(2), and exercised the right to cover under §§ 1302.85(A)(1), 1302.86(A), they failed to allege incidental damages.