Berger v. Home Depot U.S.A., Inc.

ORDER GRANTING MOTION TO DISMISS FIFTH CAUSE OF ACTION OF THE SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

GUILFORD, District Judge.

In his Second Amended Complaint (“SAC”), Benjamin Berger (“Plaintiff’) sues for breach of contract in his Fifth Cause of Action, which here will be called a Claim for Relief. Defendant Home Depot U.S.A., Inc. (“Defendant”) has performed all express terms of the contract. The Fifth Claim for Relief boldly takes contract law where it has not gone before. This Court will not go there, and grants Defendant’s Motion to Dismiss.

B…