Saberton v. Greenwald

The record presents the question whether the action of the trial court and the approval of such action by the Court of Appeals in denying plaintiff the right to recover punitive damages under the facts of this case constitutes error.

To be determined first is whether the action sounds in tort or contract. If ex contractu, it is to be dis posed of on the authority of Ketcham v. Miller, 104 Ohio St., 372,136 N. E., 145, wherein it was held:

“Punitive damages are not recoverable in an action for breach of contract.”

On the other hand, if this be an action ex clelicto, it is to be governed by the…