No. 9 In order to prove an appeal for breach, an applicant (1) must prove the existence of a contract, (2) the applicant fulfils his contractual obligations, (3) the defendant has failed to fulfil his contractual obligations and (4) the applicant has thus suffered damages. Underwood v. Boeppler, 12th dist. Butler CA2014-02-055, 2015-Ohio-156, 13. Essential elements of the contract include an offer, acceptance, contractual capacity, consideration, a manifestation of mutual consent, and the legitimacy of the object and consideration. Mechanical Craftsman Inc. Beiser, 12th Dist. Butler CA2010-02-039, 2010-Ohio-5427, 26. “Mutual consent or “meeting of minds” means that both sides have reached agreement on the essential terms of the treaty. Nguyen v. Chen, 12th dist.
Butler CA2013-10-191, 2014- Ohio-5188, 43, referring to Die Id. at 27 . The essential terms of the contract include the identity of the parties to the bond, the purpose of the contract, the consideration to be exchanged and the price to be paid. Turner v. Langenbrunner, 12th dist. Warren No CA2003-10-099, 2004-Ohio-2814, 13. To win the case, the aunt must prove with evidence that her nephew lent the money with the intention of repaying it, while the nephew must prove that he did not accept. Without the documentation of the agreement, it will be a matter of er-she-said. In the end, it is a judge who decides which case is most likely of the party. In addition, with respect to agreements that are not to be implemented within one year, the Ohio courts have found that the Fraud Act does not exclude recovery where a party has fully complied with its contractual obligations but has not been fully paid. In another 19th century case, Towsley v. Moore, 30 Ohio St.
184, 1876 WL 176 (Ohio 1876) the mother of Olive Towsley, an 11-year-old daughter, arranged for her to work in Mr. Moore`s house until she was 18, in exchange for room and shipping, and when she turned 18, Moore Olive had to pay the value of her services. The court rejected Moore`s argument that the fraud law had prevented Olive from recovering the value of his services. In the end, Moore was ordered to pay $300.00 worth of olives for his nearly 7-year seniority. Certain types of agreements must be concluded in writing for them to be legally binding. In Ohio, contracts that must be written include contracts for real estate transactions, the assumption of another party`s debts and the examination of marriage, such as marital agreements. Terms for the sale of goods over $500 must also be written, as must agreements that will take more than a year to complete.