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?


Asked on 2/08/01, 4:45 am

2 Answers from Attorneys

Gregg Manes Gregg A. Manes, Esq.

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!!!

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Answered on 3/22/01, 9:38 am
J. Norman Stark J. Norman Stark , Attorney, Architect

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

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Answered on 3/21/01, 8:45 am


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