Giddens Construction Co. v. Fickling & Walker Co.

188 Ga. App. 558 (1988)

373 S.E.2d 792

GIDDENS CONSTRUCTION COMPANY, INC.

v.

FICKLING & WALKER COMPANY.

76620.

Court of Appeals of Georgia.

Decided September 9, 1988.

Rehearing Denied September 26, 1988.

E. Thomas Shaffer, for appellant.

J. Ellsworth Hall III, for appellee.

BIRDSONG, Chief Judge.

This is an appeal of the grant of summary judgment denying punitive damages.

1. Appellee asserts that punitive damages are not recoverable in a contract action and that appellant's complaint avers no cause of action sounding in tort. We disagree. The substance of matters pleaded in the complaint places appellee…