Miles Excavating, Inc. v. RUTLEDGE BACKHOE & SEPTIC TANK SERVICES, INC.

Elliott, J.:

Miles Excavating, Inc., (Miles) sued Rutledge Backhoe and Septic Tank Services, Inc., (Rutledge) for breach of contract and fraud or fraud in the inducement of a release agreement. The trial court granted Rutledge’s motion to dismiss for failure to state a claim and denied Miles’ request to file an amended petition. We reverse and remand.

The petition made the following allegations: Miles and Rutledge agreed to provide services on a project for Terracon Environmental, Inc., (Terracon) at the McCormick Distillery. Miles and Rutledge agreed to share profits equally. Upon completion…