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Dayton Power & Light Co. v. Srivastava11/8/2002
Rendered on the 8th day of November, 2002.
. Narayan Srivastava and Pre-Tec, Inc. are appealing from the grant of summary judgment against it and in favor of the Dayton Power & Light Co. claim and against the counterclaim of defendants. The facts of the matter and the rationale of the trial court are set forth in full in its decision and entry granting summary judgment to Dayton Power & Light Co. and denying summary judgment to defendants, as follows:
. "This matter comes before the court upon plaintiff's Motion for Summary Judgment and defendants' Response thereto and upon defendants' Motion for Summary Judgment and plaintiff's Memorandum in Opposition. The court will now render its decision upon the Motions for Summary Judgment.
. "Plaintiff, Dayton Power & Light Company (hereinafter "DP&L;) sent defendant, Narayan Srivastava (hereinafter "Srivastava"), of Precisions Patterns, 520 East First Street, Dayton, Ohio, a Letter of Agreement to confirm participation in DP&L;s Energy-Smart Heating Program. In the Letter of Agreement DP&L;offered Precision Patterns assistance towards the conversion in the amount of $2,500.00. Srivastava was advised that by signing the Letter of Agreement he agreed to its conditions. On December 28, 1995, Srivastava signed the Letter of Agreement as President of Precision Patterns.
. "DP&L;had also sent Srivastava, as contact for Precision Patterns, an Energy-Smart Heating Program form on converting the existing steam heat to gas service. Srivastava signed the form as the Customer on January 28, 1995. The form advised that, by signing, the customer agrees to the terms of the program.
. "The form contained a Competitive Bid Summary and Project Verification. The Competitive Bid Summary described the conversion and advised that the total due would be $9,500.00. Payments of $2,850.00 were due on February 1, 1997, June 1, 1997, and October 1, 1997, with a $950.00 discount given on December 1, 1997. The Project Verification advised that the steam service was disconnected and the coupon check issued on April 23, 1996 and the equipment was installed on June 7, 1996. There was an additional note on the form that the customer must be permanently disconnected from steam by June 1, 1996.
. "DP&L;did not receive payment for the conversion and brought a Complaint for $9,500.00 against defendants Srivastava and Pre-Tec Inc. based upon breach of contract, fraud, alter ego, and unjust enrichment. In addition to the $9,500.00, statutory and post-judgment interest and costs, DP&L;is requesting punitive damages and attorney fees. Copies of the Letter of Agreement and the Energy-Smart Heating Program form were attached to the Complaint as Exhibits A and B.
. "In their Answer, the defendants denied the allegations in the Complaint and Counterclaimed that DP&L;wrongfully and fraudulently induced them into an arrangement to convert the heating system from steam to gas. DP&L;answered the Counterclaim by denying the allegations and requesting attorney fees and sanctions because the allegations are frivolous.
. "DP&L;made a Motion for Summary Judgment pursuant to Civ.R. 56 on its claim for breach of contract. It claims that there is no genuine issue of material fact, it is entitled to judgment as a matter of law, and, when viewing the evidence most strongly in favor of the defendants, reasonable minds can only come to a conclusion against them. The Depositions of Srivastava taken on August 15, 2000 and August 7, 2001 were attached in support of the Motion.
. "In the Motion, DP&L;states that it is entitled to judgment as a mat
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