Caller-Times Publishing Co. v. Triad Communications, Inc.

855 S.W.2d 18, 1993 WL 74281
CourtCourt of Appeals of Texas
DecidedJune 7, 1993
Docket13-88-328-CV
StatusPublished
Cited by31 cases

This text of 855 S.W.2d 18 (Caller-Times Publishing Co. v. Triad Communications, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caller-Times Publishing Co. v. Triad Communications, Inc., 855 S.W.2d 18, 1993 WL 74281 (Tex. Ct. App. 1993).

Opinions

OPINION

FEDERICO G. HINOJOSA, Justice.

On remand from the Texas Supreme Court, Caller-Times Publishing Co. v. Triad Communications, Inc., 826 S.W.2d 576 (Tex.1991), we address appellant’s points of error which challenge the legal and factual sufficiency of the evidence supporting the jury’s finding that appellant tortiously interfered with appellee’s con[21]*21tractual and business relationships.1 We reverse and remand.

For a statement of the facts, see Caller-Times Publishing Co. v. Triad Communications, Inc., 791 S.W.2d 163, 165-66 (Tex.App.—Corpus Christi 1990), rev’d, 826 S.W.2d 576 (Tex.1991). In this appeal, the parties primarily contest whether Caller-Times' actions were privileged as legitimate competition.

To prove tortious interference with contract, the plaintiff must prove that the defendant willfully and intentionally interfered with a contract, thus proximately causing the plaintiff actual damages. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939 (Tex.1991); Juliette Fowler Homes v. Welch Assoc., 793 S.W.2d 660, 664 (Tex.1990). To prove tortious interference with prospective contracts or business relationships, the plaintiff must prove that the defendant willfully and intentionally acted to prevent a contractual relationship that the plaintiff had a reasonable probability of realizing, thus proximately causing the plaintiff actual damages. Exxon Corp. v. Allsup, 808 S.W.2d 648, 659 (Tex.App.—Corpus Christi 1991, writ denied). Texas law protects existing as well as prospective contracts from interference. A terminable-at-will contract is valid until a party terminates it, and third parties may not tortiously interfere with it. Sterner v. Marathon Oil Co., 767 S.W.2d 686, 689 (Tex.1989).

Not every act which interferes with another’s contract relations is tor-tious. A party is privileged to interfere with another’s contractual or business relations if 1) he does so in a bona fide exercise of his own rights or 2) his right to the subject matter is equal to or superior to that of the other party. Victoria Bank & Trust, 811 S.W.2d at 939; Sterner, 767 S.W.2d at 691; Sakowitz, Inc. v. Steck, 669 S.W.2d 105, 107 (Tex.1984). “One may be ‘privileged’ to assert a claim ‘even though that claim may be doubtful, so long as it asserted a colorable legal right.’ ” Victoria Bank & Trust, 811 S.W.2d at 939; Sakowitz, Inc., 669 S.W.2d at 107; Hardin v. Majors, 246 S.W. 100, 102 (Tex.Civ.App.—Amarillo 1923, no writ). The defense of legal justification or excuse only protects good faith assertions of legal rights. Victoria Bank & Trust, 811 S.W.2d at 939; Sakowitz, Inc., 669 S.W.2d at 107, 109.

The law affords competitors for the same business some freedom to compete for business which is previously subject to nothing more than a contract terminable at will. See, e.g., Times Herald Printing v. A. H. Belo Corp., 820 S.W.2d 206, 215-16 (Tex.App.—Houston [14th Dist.] 1991, no writ); Restatement (SECOND) of TORTS § 768 (1979). A party may cause a third party to terminate a terminable-at-will contract with the party’s competitor and may obtain the future benefits for the party’s own competitive advantage by offering better contract terms or a higher price. Times Herald Printing, 820 S.W.2d at 215 (citing Restatement (Second) of Torts § 768 comment i).

Restatement (Second) of Torts § 768, “Competition as Proper or Improper Interference,” provides:

1) One who intentionally causes a third person not to enter into a prospective contractual relation with another who is his competitor or not to continue an existing contract terminable at will does not interfere improperly with the other’s relation if
a) the relation concerns a matter involved in the competition between the actor and the other and
b) the actor does not employ wrongful means and
c) his action does not create or continue an unlawful restraint of trade and
d) his purpose is at least in part to advance his interest in competing with the other.
2) The fact that one is a competitor of another for the business of a third [22]*22person does not prevent his causing a breach of an existing contract with the other from being an improper interference if the contract is not terminable at will.

The “wrongful means” of § 768(l)(b) include physical violence, fraud, civil suits, and criminal prosecutions, but do not include persuasion or limited economic pressure. Restatement (Second) of TORTS § 768 comment e. A party may refuse to deal with third persons in the business in which the parties compete because the third persons deal with the competitor; however, a party may not do so in order to establish or maintain an illegal monopoly. Id. One who refuses to deal with another in order to establish or maintain an illegal monopoly or for the same purposes intentionally causes third persons not to deal with the other is subject to liability to the other. Restatement (Second) of Torts § 768 comment f. Furthermore, the competitive means used must not run afoul of applicable state or federal antitrust legislation. Id. Therefore, when a party alleges tortious interference with prospective business relations which are the subject of competition, the party must show he suffered 1) actual damages 2) caused by 3) defendant’s intentional acts 4) which interfered with 5) a reasonably probable business relationship and 6) which violated antitrust laws or caused third persons to refuse to deal with the party.

When we review the legal sufficiency of the evidence or a “no evidence” point, we consider only the evidence and reasonable inferences that tend to support the jury findings, and we disregard all evidence and inferences to the contrary. Responsive Terminal Sys., Inc. v. Boy Scouts of Am., 774 S.W.2d 666, 668 (Tex.1989). We overrule the point and uphold the finding if we find any evidence to support the finding. Southern States Transp., Inc. v. State, 774 S.W.2d 639, 640 (Tex.1989).

When we review the factual sufficiency of the evidence, we consider and weigh all the evidence which supports or undermines the jury’s finding. Plas-Tex, Inc. v. United States Steel Corp.,

Related

Peykoff v. Cawley
Fifth Circuit, 2025
Nelson v. Vernco Constr., Inc.
566 S.W.3d 716 (Court of Appeals of Texas, 2018)
Karen D'Onofrio v. Vacation Publications, I
888 F.3d 197 (Fifth Circuit, 2018)
Richardson-Eagle, Inc. v. William M. Mercer, Inc.
213 S.W.3d 469 (Court of Appeals of Texas, 2007)
Star Tobacco, Inc. v. Darilek
298 F. Supp. 2d 436 (E.D. Texas, 2003)
Josephine De La Garza v. George H. Beckett
Court of Appeals of Texas, 2002
Wal-Mart Stores, Inc. v. Sturges
52 S.W.3d 711 (Texas Supreme Court, 2001)
Graham v. Mary Kay Inc.
25 S.W.3d 749 (Court of Appeals of Texas, 2000)
Martin v. Kroger Co.
65 F. Supp. 2d 516 (S.D. Texas, 1999)
Bradford v. Vento
997 S.W.2d 713 (Court of Appeals of Texas, 1999)
Kadco Contract Design Corp. v. Kelly Services, Inc.
38 F. Supp. 2d 489 (S.D. Texas, 1998)
Hill v. Heritage Resources, Inc.
964 S.W.2d 89 (Court of Appeals of Texas, 1998)
RRR Farms, Ltd. v. American Horse Protection Ass'n, Inc.
957 S.W.2d 121 (Court of Appeals of Texas, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
855 S.W.2d 18, 1993 WL 74281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caller-times-publishing-co-v-triad-communications-inc-texapp-1993.