Fallert Tool & Engineering Co. v. McClain

SNYDER, Presiding Judge.

This is a fraud action brought by Fallert Tool and Engineering Company, Inc. (Fal-lert Tool), a corporation, against Eugene F. McClain and Jacqueline E. McClain, defendants. The dispute arises out of the sale of a machine shop business by the McClains to Fallert Tool. Fallert Tool’s petition contains two counts, the first for fraud and misrepresentation and the second for punitive damages. A third count for rescission of the contract was subsequently dismissed.

The McClains filed two counterclaims against Fallert Tool and Charles B. Fallert and his wife, Catherine E.…