ZD Howard Company v. Cartwright

HODGES, Vice Chief Justice.

The question presented by this appeal is whether exemplary damages are allowable under Appellant’s cross-petition.

Appellee contends that Appellant’s cross-petition is nothing more than an action for breach of a contract, and cites the general rule, supportive by our statute, 23 O.S.1971 § 9, that exemplary damages are not recoverable in action arising from contract.

Appellants counter that their cross-petition is based upon an action in fraud; therefore, the action sounds in tort, and punitive damages are recoverable.

The facts leading to this confrontation arise out…