Legal Question in Civil Litigation in Ohio
Small claims/ breech of contract
Will a small claims court recognize a verbal agreement in a breech of contract case?
2 Answers from Attorneys
Re: Small claims/ breech of contract
The Court will listen to both sides, if the other side even bothers to show, and then judge the credibility of eact witness and look to the exhibits of the parties in making a decision. The bottom line is that the Court will recognize an oral contract if there is some evidence confirming the terms of the contract. If you took some action in furtherance of the contract(part performance) then that will help to prove your case.
Good Luck!!!
Re: Small claims/ breech of contract
Yes, all contracts, whether verbal (oral) or written and signed, may be valid. The real problem is PROOF, since you must prove, by a mere preponderance of the evidence the terms of the agreement or contract! And, if there was a witness present at the time such agreement was made, and who will appear and testify to it, you've made your case. Good luck. J. Norman Stark, Cleveland, Ohio. For more information, visit our website: www.Jnormanstark.com