Plowden v. Atlantic States Construction Co.

Brailsford, Justice:

The sole issue on this appeal is whether the circuit court erred in sustaining a demurrer to the complaint upon the ground that the allegations thereof were insufficient to plead fraudulent acts by the defendant accompanying its breach of the contract sued upon; hence, punitive damages are not recoverable. Other grounds of the demurrer were not passed upon by the circuit court and are not at issue here.

The complaint purports to set forth two causes of action. The first is for a balance alleged to be due plaintiff’s assignor for structural steel fabricated and delivered to…