OPINION OF THE COURT
PER CURIAM:
Philips Electronics and Pharmaceutical Industries Corp., now PEPI, Inc., ("PEPI") sued Helcar Corporation ("Helcar") and appellant Del Spina, its president and sole stockholder. The original complaint alleged that Helcar breached a contract calling for Helcar to construct an industrial plant for PEPI. The complaint, in a second count, further alleged that during the construction (1) Del Spina falsely "promised" that he
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