Opinion
At Law No. 28765
07-15-2003
JONATHAN D. ROGERS, et. al. Plaintiffs v. LUIS FISHER, et. al. Defendants
MEMORANDUM OPINION AND ORDER
This case is before the Court on the demurrers filed by NRT Mid-Atlantic, Inc. and S.R.E. Equities II, Ltd. to the instant Motion for Judgment. After considering the papers filed and arguments of counsel, the Court is of the opinion that the demurrers should be sustained. The two negligence counts do not allege a breach of a common law duty owed the plaintiffs. No special relationship has been pled as would permit recovery against a disclosed agent of the landlord for damages. Holles v. Sunrise Terrace, Inc., 257 Va. 131 (1999). Plaintiffs seek recovery in Count 3 for breach of contract. An agent may not be held liable for the contractual obligations when acting on behalf of a disclosed principal. This rule compels the Court to sustain the demurrer as to the breach of contract count. Cf . House v. Kirby, 233 Va. 197 (1987).
In accordance with the "American Rule" the Court will sustain the demurrers with respect to the claims for attorney's fees. Tonti v. Akabari, 262 Va. 681 (2001). A recovery of punitive damages is not justified by the instant pleadings.
Accordingly, the Court will sustain the demurrers of the defendants and will dismiss the claims for breach of contract as to the defendants, NRT Mid-Atlantic, Inc. and S.R.E. Equities II, Ltd. The demurrers to Counts 1 & 2 are sustained; however, plaintiffs will be given twenty-one (21) days to replead such claims as to these defendants as they may be advised.
The Clerk shall forthwith mail copies of this opinion and order to all counsel of record.
Entered this 15 day of July 2003
__________
Thomas D. Horne, Chief Judge Rule 1:13