Lockhart v. Airco Heating & Cooling, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• leaving undecided whether agent employee of the defendant was liable in tort for alleged malicious destruction of property
• \[A plaintiff] cannot maintain an action in tort for an alleged breach of a contractual duty.\
• “An action in tort will not arise for breach of contract unless the action in tort would arise independent of the existence of the contract.”
• \[A plaintiff] cannot maintain an action in tort for an alleged breach of a contractual duty.\
• “Tort liability of the parties to a contract arises from the breach of some positive legal duty imposed by law because of the relationship of the parties, rather than from a mere omission to perform a contract obligation.” (quoting 86 C.J.S. Torts § 4 (1997))

Source: CourtListener parenthetical corpus (CC0).