Pinckney v. Orkin Exterminating Co.

Ness, Justice:

This is an action for damages to a home due to termites and moisture. Respondent Pinckney was awarded a jury verdict of $5,000.00 actual damages and $4,000.00 punitive damages against the appellant, Orkin. We affirm.

Although the complaint is not reproduced as part of the record, the agreed statement of the case reveals the respondents alleged four causes of action: the first two alleged breach of contract; the third claimed breach of contract accompanied by a fraudulent act; and, the final cause asserted fraud and deceit. Appellant originally proposed three exceptions of error…