Kincaid Enterprises, Inc. v. Porter

SHANGLER, Judge.

The plaintiff Kincaid Enterprises brought a petition against the defendant Herbert Porter that alleged that the defendant breached the contract between them for the sale of a business. The petition alleged also that the defendant never intended to honor the contract and that his representations to the contrary were fraudulent. The relief sought was actual damages for the breach of contract and actual and punitive damages for the fraudulent representations. The plaintiff tendered, and the court submitted, both theories of recovery, and the jury returned verdicts for the…