Mesimer v. Stancil

WEBB, Judge.

The sole question presented by this appeal is whether the court committed error by dismissing the plaintiff’s claim for punitive damages. Punitive damages are not allowed in claims for breach of contract except breaches of promise to marry. However, if an identifiable tort which carries punitive damages is alleged as a part of the breach of contract, punitive damages will be allowed. Fraud is a tort for which punitive damages are allowed. See Newton v. Insurance Co., 291 N.C. 105, 229 S.E. 2d 297 (1976). In the case sub judice, the plaintiff alleges he paid defendant $250.00 in…