Presto v. Minella Pool Serv. Co. South, PICS Case No. 15-0305 (C.P. Northampton Feb. 5, 2015) Beltrami, J. (11 pages).
In this action arising out of a construction contract, the "gist of the action" doctrine barred plaintiff's negligence claim but not his intentional and negligent misrepresentation claims since they related to the inducement to contract, not failure to perform. Defendant's preliminary objections sustained in part and overruled in part.