Hogg v. Long Fence Co.

By Judge Jonathan C. thacher

This matter came before the court on May 5, 2000, on Defendant’s Demurrer to Count II of Plaintiffs’ Amended Motion for Judgment. For reasons set forth below, the Demurrer to Count n, Fraudulent Inducement, is sustained without leave to amend. Punitive damages of $75,000.00 based on the Fraudulent Inducement claim are dismissed with prejudice.

Plaintiff argued that the Amended Motion for Judgment was sufficient because it alleged all of the necessary elements of fraud. Plaintiff contended that time was of the essence, that the completion date ofMarch 31,1999, was…