Fletcher v. Cincin. Realty Co.

Ohio Court of Appeals

Fletcher v. Cincin. Realty Co.

153 N.E. 213, 21 Ohio App. 422, 4 Ohio Law. Abs. 549, 1926 Ohio App. LEXIS 508

CourtOhio Court of Appeals

DecidedApril 12, 1926

Docket2776

StatusPublished

This text of 153 N.E. 213 (Fletcher v. Cincin. Realty Co.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fletcher v. Cincin. Realty Co., 153 N.E. 213, 21 Ohio App. 422, 4 Ohio Law. Abs. 549, 1926 Ohio App. LEXIS 508 (Ohio Ct. App. 1926).

Pincite

Opinion

HAMILTON, J.

Victor Fletcher entered into a contract with the Cincinnati Realty Co. whereby the Company was to furnish and provide assembly rooms, tables, food and service necessary for and incident to a banquet. Invitation were sent to about 500 citizens of Cincinnati. Fletcher tendered his check to the Company which refused to1 accept same and refused to serve the banquet.

The Company inserted an announcement in the paper informing those citizens who had received invitations that no such banquet would be served under the auspices of Fletcher. Fletcher brought an action for libel in the Cincinnati Superior Court against the Company, claiming that the publication was malicious with intention to dishonor, disgrace and scandalize him. Damages in. the sum of $100,-000 was prayed for; and $500 further for special damages by reason of incurring expenses in mailing the invitations.

*550 Attorneys — Weiland, Strother & Weiland for Fletcher; Frost & Jacobs for Company; all of Cincinnati.

The Cincinnati Superior Court sustained the demurrer of the Company and Fletcher not desiring to plead further, judgment was entered dismissing the petition. Error was prosecuted and the Court of Appeals held:

1. The announcement published is simply that the banquet would not be held and it is clear that it is not libelous per se.

2. Although the inducement in the petition alleges a breach of contract, there is no law by which a public announcement of the refusal to carry out a contract is libelous, where no libelous reason is given for the refusal.

3. It is urged that if the first cause of action does not state a cause of action in libel, there is sufficient to allege a cause of action for breach of contract to the extent of $500 pleaded as special damages.

4. It is clear from the language of the petition that there was no intention to bring an action for breach of contract.

5. While the allegations made would be proper in a breach of contract action, these allegations were all necessary to be pleaded by way of inducement in the libel action.

6. The court will not pick out some parts of the allegations which might tend to support an action for breach of contract, when it is clear that the pleader in his petition does not intend to bring an action for breach of contract.

Judgment affirmed.

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HAMILTON, J.

Victor Fletcher entered into a contract with the Cincinnati Realty Co. whereby the Company was to furnish and provide assembly rooms, tables, food and service necessary for and incident to a banquet. Invitation were sent to about 500 citizens of Cincinnati. Fletcher tendered his check to the Company which refused to1 accept same and refused to serve the banquet.

The Company inserted an announcement in the paper informing those citizens who had received invitations that no such banquet would be served under the auspices of Fletcher. Fletcher brought an action for libel in the Cincinnati Superior Court against the Company, claiming that the publication was malicious with intention to dishonor, disgrace and scandalize him. Damages in. the sum of $100,-000 was prayed for; and $500 further for special damages by reason of incurring expenses in mailing the invitations.

*550 Attorneys — Weiland, Strother & Weiland for Fletcher; Frost & Jacobs for Company; all of Cincinnati.

The Cincinnati Superior Court sustained the demurrer of the Company and Fletcher not desiring to plead further, judgment was entered dismissing the petition. Error was prosecuted and the Court of Appeals held:

1. The announcement published is simply that the banquet would not be held and it is clear that it is not libelous per se.

2. Although the inducement in the petition alleges a breach of contract, there is no law by which a public announcement of the refusal to carry out a contract is libelous, where no libelous reason is given for the refusal.

3. It is urged that if the first cause of action does not state a cause of action in libel, there is sufficient to allege a cause of action for breach of contract to the extent of $500 pleaded as special damages.

4. It is clear from the language of the petition that there was no intention to bring an action for breach of contract.

5. While the allegations made would be proper in a breach of contract action, these allegations were all necessary to be pleaded by way of inducement in the libel action.

6. The court will not pick out some parts of the allegations which might tend to support an action for breach of contract, when it is clear that the pleader in his petition does not intend to bring an action for breach of contract.

Judgment affirmed.

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Bluebook (online)

153 N.E. 213, 21 Ohio App. 422, 4 Ohio Law. Abs. 549, 1926 Ohio App. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-cincin-realty-co-ohioctapp-1926.