Pfeffer v. Industrial Valley Bank & Trust Co.

13 Pa. D. & C.3d 74, 1979 Pa. Dist. & Cnty. Dec. LEXIS 63
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedDecember 12, 1979
Docketno. 2622
StatusPublished

This text of 13 Pa. D. & C.3d 74 (Pfeffer v. Industrial Valley Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pfeffer v. Industrial Valley Bank & Trust Co., 13 Pa. D. & C.3d 74, 1979 Pa. Dist. & Cnty. Dec. LEXIS 63 (Pa. Super. Ct. 1979).

Opinion

BULLOCK, J.,

The amended complaint in trespass herein charges defendant bank with slander and with unlawful interference with a contractual relationship between plaintiff and a third party, Gil-Tec. Preliminary objections to the original complaint were sustained in part and overruled in part by Honorable Theodore B. Smith, Jr. on August 31, 1979. The court held that the original complaint was deficient in that it failed to plead that the acts complained of were done “(a) with the specific intention of causing harm to plaintiff by interference with his professional employment” and “(b) under circumstances such as to render them unprivileged on part of defendant” and the court permitted amendment.

The present preliminary objections to the amended complaint aver that (1) it fails to correct the deficiency suggested by Judge Smith and (2) it fails to aver any actual words which were defamatory.

We believe that the amended complaint adequately sets forth the utterance complained of. A reading of the amended complaint and the exhibit attached thereto makes it abundantly clear that plaintiff is complaining of the words of Mr. Peyton Biddle, a branch manager of defendant, to a representative of Gil-Tec to the effect that the bank would not give Gil-Tec an increased fine of credit unless it obtained an accountant acceptable to the branch manager. The questions before the court are whether the imposition of such a condition by defendant upon Gil-Tec was an unlawful interference with the business relationship between plaintiff and Gil-Tec and whether this imposition was slanderous.

[76]*76Defendant, relying on Glenn v. Point Park College, 441 Pa. 474, 272 A. 2d 895 (1971), argues that the complaint herein does not adequately aver the intent required for an unlawful interference with a business relationship. As stated in that case, at p. 481:

“We then come to the second question, whether there is a sufficient allegation of specific intent. It must be emphasized that the tort we are considering is an intentional one: the actor is acting as he does for the purpose of causing harm to the plaintiff. As proposed comment d to the Tentative Draft of §766A of the Restatement (Second) Torts emphasizes, ‘The defendant must not only have intended the interference, but must have acted in part at least for the purpose of accomplishing it.’” (Emphasis in original.)

In Glenn, the alleged tort was inducement of an owner of real estate to sell directly to the buyer, avoiding plaintiff real estate agent, who had originally shown the property to the buyer. The court held that intent had not been adequately pleaded but reversed a dismissal and remanded the case with leave to amend. The reasoning in Glenn suggests that the intent to harm need not be the exclusive motivation of a defendant. In that case, the intent to deprive plaintiff of a commission was simply an aspect of the intent to benefit financially from the lack of need for the seller to pay a commission. (The asking price through the agent was $790,000; defendant buyer actually purchased for $700,000, buying directly without plaintiff in the picture.) In the present case, we do not believe plaintiff must plead personal animosity against him; it is enough, in our view, that he plead that [77]*77defendant intentionally acted in such a way that it knew or had reason to know that it would harm plaintiff, even if such harm was not defendant’s primary motive. In our view, he has so pleaded.

Whether or not an interference with a business relationship is lawful or unlawful is, in our view, a complex question. There are all kinds of interference with present and prospective business relationships occurring every day. Indeed, the very concept of free private enterprise contemplates that business people will try to obtain business formerly given to others. The concept of competition implies that a business person will make every effort to be more attractive than his or her competitors and thereby attract business that would otherwise have gone elsewhere. Generally speaking, there is in this country a public policy against conduct which tends to stifle or minimize free economic competition. The antitrust laws are the most obvious example of this policy. Moreover, the law has drawn various lines in determining to what extent economic power may be used indirectly by a party to influence business relationships among others. Laws against secondary boycotts exemplify this concern of the law.

Restatement, 2d, Torts, §767, addresses the issue as follows:

“In determining whether an actor’s conduct in intentionally interfering with a contract or a prospective contractual relation of another is improper or not, consideration is given to the following factors: (a) the nature of the actor’s conduct, (b) the actor’s motive, (c) the interests of the other with which the actor’s conduct interferes, (d) the interests sought to be advanced by the actor, (e) the [78]*78social interests in protecting the freedom of action of the actor and the contractual interests of the other, (f) the proximity or remoteness of the actor’s conduct to the interference and (g) the relations between the parties.”

This section is quoted with approval by our Supreme Court in Adler, Barish, Daniels, Levin and Creskoff v. Epstein, Weisbord, Wolf and Jablon, 482 Pa. 416, 432, 393 A. 2d 1175 (1978). The court, in that case, also quoted Glenn, supra, as follows:

“‘The absence of privilege or justification in the tort under discussion is closely related to the element of intent. As stated by Harper & James, The Law of Torts, §6.11, at 513-14: “. . . where, as in most cases, the defendant acts at least in part for the purpose of protecting some legitimate interest which conflicts with that of the plaintiff, a line must be drawn and the interests evaluated. This process results in according or denying a privilege which, in turn, determines liability.” What is or is not privileged conduct in a given situation is not susceptible of precise definition. Harper & James refer in general to interferences which “are sanctioned by the ‘rules of the game’ which society has adopted,” and to “the area of socially acceptable conduct which the law regards as privileged,” id. at 510, 511, and treat the subject in detail in §§6.12 and 6.13.’”

Section 767, supra, and our Supreme Court both in essence proclaim the relevancy of the totality of circumstances. They suggest a balancing of concerns in applying “The ‘rules of the game’ which society has adopted.” Whether or not defendant’s [79]*79conduct is legally acceptable may not, therefore, be resolved in the relative vacuum of simply a complaint.

Defendant cites in support of its position Geary v. United States Steel Corp., 456 Pa. 171, 194, 319 A. 2d 174 (1974). Geary, however, is clearly distinguishable. In that case, an executive employe sued his employer for alleged wrongful discharge after a disagreement between the executive and his superiors as to the safety of a product being sold. Our Supreme Court ruled in a 4-3 decision that no cause of action had been alleged. The court specifically found that the cases involving interference by third persons in a contractual relationship were not apposite. The court found that the employer did in fact have the privilege of discharging the executive at will as long as the discharge did not violate the law (as for example, a discharge for religious or racial reasons would have done). In his dissenting opinion, Mr.

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Related

Adler, Barish, Daniels, Levin & Creskoff v. Epstein
393 A.2d 1175 (Supreme Court of Pennsylvania, 1978)
GLENN v. Point Park College
272 A.2d 895 (Supreme Court of Pennsylvania, 1971)
Geary v. United States Steel Corp.
319 A.2d 174 (Supreme Court of Pennsylvania, 1974)

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13 Pa. D. & C.3d 74, 1979 Pa. Dist. & Cnty. Dec. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfeffer-v-industrial-valley-bank-trust-co-pactcomplphilad-1979.