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When Actions Speak Louder Than Words

By Kelly M. Gorman

Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

Specifically at issue in 3637 Green Rd. Co. v. Specialized Component Sales Co. was, among other matters not discussed in this article, whether the lease's no-oral-modification-provision and written-waiver provision precluded enforcement of the parties' subsequent oral agreement. See 2016 WL 4242239; 2016-Ohio-5324 (8th Dist. Cuyahoga No. 103599).

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