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MESIMER v. STANCIL

No. 7910SC77.

263 S.E.2d 32 (1980)

Richard Steve MESIMER v. Dr. John H. STANCIL.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Wesley B. Grant by Randell F. Hastings, Concord, for plaintiff-appellant.

No counsel contra.

WEBB, Judge.

The sole question presented by this appeal is whether the court committed error by dismissing the plaintiff's claim for punitive damages. Punitive damages are not allowed in claims for breach of contract except breaches of promise to marry. However, if an identifiable tort which carries punitive damages is alleged as a part of the breach of contract, punitive damages will be allowed. Fraud is a tort for which punitive damages are allowed. See Newton...

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