In Hart v. Ludwig, 347 Mich. 559; 79 N.W.2d 895 (1956), the defendant agreed in contract to care for the plaintiff's orchard. Defendant failed in this duty, and the orchard suffered. Id., 560. The Supreme Court held that the plaintiff's action against the defendant arose in tort, because the alleged wrongdoing was "simply the violation of a promise to perform the agreement." Id., 563. The Court noted that "the only duty, other than that voluntarily assumed in the contract to which the defendant was subject, was his duty to perform his promise in a careful and skillful manner without risk of harm to others, the violation of which is not alleged." Id.