Sabath v. Morris Handler Co.

The plaintiffs, Raymond L. Sabath and Century Provision Co., (Century), brought this suit against the defendants, Morris Handler Co. (Handler), and certain officers and directors thereof, to recover for damages alleged to have been sustained by reason of Handler’s failure to obtain a driveway permit, as required by a construction contract. The complaint consisted of three counts: Count I alleged a breach of the written contract; Count n charged negligent and wilful and wanton conduct in the defendants’ failure to obtain the permit and to advise the plaintiffs thereof; and Count HI charged the…