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MILLER BUILDING SUPPLY v. ROSEN

No. 51, September Term, 1985.

305 Md. 341 (1986)

503 A.2d 1344

MILLER BUILDING SUPPLY, INC. v. JACK F. ROSEN ET AL.

Court of Appeals of Maryland.

February 7, 1986.

Attorney(s) appearing for the Case

Joseph W. Pitterich (William H. Schladt and Pitterich & Snedegar, P.C., on brief), Chevy Chase, for appellant.

Mark J. Wishner, Washington, D.C. (David S. Greene, on brief, Rockville, for appellee.

Argued before MURPHY, C.J. and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.

RODOWSKY, Judge.

In this case we revisit H & R Block, Inc. v. Testerman, 275 Md. 36, 338 A.2d 48 (1975) which held that in actions of tort arising out of a contract, actual malice is a necessary predicate of punitive damages. Petitioner, an employer whose disloyal employees diverted profits to themselves, contends that its fraud action is not subject to the Testerman rule or, if it...

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