St. Francis Savings & Loan Ass'n v. Hearthside Homes, Inc.

The sole issue on this appeal is whether the counterclaim states facts sufficient to constitute a cause of action.

The Trustee argues that the counterclaim can be read to state one or more of three different causes of action: (1) negligence, (2) breach of contract, or (3) tortious interference with a principal-agent relationship. In our judgment the counterclaim does not state a cause of action under any of the three theories, although on re-pleading a cause of action for tortious interference with a principal-agent relationship can undoubtedly be upheld as against demurrer.

Negligence.

There is…