Village 2 at New Hope, Inc. v. Hausman

66 Pa. D. & C.2d 207, 1974 Pa. Dist. & Cnty. Dec. LEXIS 351
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedApril 30, 1974
Docketno. 74-0980-05-2
StatusPublished

This text of 66 Pa. D. & C.2d 207 (Village 2 at New Hope, Inc. v. Hausman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village 2 at New Hope, Inc. v. Hausman, 66 Pa. D. & C.2d 207, 1974 Pa. Dist. & Cnty. Dec. LEXIS 351 (Pa. Super. Ct. 1974).

Opinion

GARB, J.,

Plaintiffs herein are two separate business corporations organized and existing under and pursuant to the business corporation laws of the Commonwealth of Pennsylvania, and they bring this action in trespass against the individual defendants as well as Village 2 Homeowners’ Association, an unincorporated association. The complaint is in three counts, alleging in the first a conspiracy among defendants for the purpose of, and the commission of, libel and slander of plaintiffs, and in the second and third counts, each alleging interference with plaintiffs’ business and contractual relationships by virtue [209]*209of the same allegedly libelous and slanderous statements. Defendants have filed preliminary objections to the complaint which we dispose of herein.

What we discern as defendants’ most serious preliminary objection is a demurrer on the grounds that the complaint fails to state a cause of action. In support of the demurrer, it is argued that the statements allegedly made by defendants as set forth in the complaint are not defamatory per se and in the absence of pleading of circumstances and inferences which would make them libelous per quod, they are insufficient to support a cause of action for libel and slander and likewise insufficient to support a cause of action for interference with business or contractual relationships. As in all cases where we consider preliminary objections, they admit all facts which are well pleaded, but not the pleaders’ conclusions or averments of law: Ross v. Metropolitan Life Insurance Co., 403 Pa. 135 (1961); Gardner v. Allegheny County, 382 Pa. 88 (1955), and Narehood v. Pearson, 374 Pa. 299 (1953). The same standards apply in an attack by preliminary objection upon a complaint based upon a cause of action for slander: Bogash v. Elkins, 405 Pa. 437 (1962). As stated in Sullivan v. Philadelphia, 378 Pa. 648 (1954), and as cited with approval in Birl v. Philadelphia Electric Co., 402 Pa. 297 (1960), which was, as is the instant case, a case of libel and slander and interference with business and contractual relationships, in determining whether or not a summary judgment should be entered on a demurrer, two rules must always be applied: (1) The question to be decided is not whether the statement of claim is so clear in both form and specification as to entitle plaintiff to proceed to trial without amending it, but whether, upon the facts averred, it shows with certainty that the law will not permit a recovery by plaintiff; and (2) where doubt [210]*210exists as to whether summary judgment should be entered, this should be resolved in favor of refusing to enter it.

As such, on preliminary objection in the nature of a demurrer in a defamation case, it is the function of the court, in the first instance, to inquire whether or not the communication complained of is capable of defamatory meaning. The question of whether the language used in the alleged defamatory statement can fairly and reasonably be construed to have the defamatory meaning ascribed to it by plaintiff is, in the first instance, a matter of law for the court: Cosgrove Studio and Camera Shop, Inc. v. Pane, 408 Pa. 314 (1962); Bogash v. Elkins, supra; Birl v. Philadelphia Electric Co., supra; Miller v. Hubbard, 205 Pa. Superior Ct. 111 (1965). If the words of the alleged publication are found not to be defamatory per se, then, in the absence of an averment of special damage, a demurrer to the complaint should be sustained. Bristol Printing Co. v. O’Keefe Broadcasting Co., 17 Bucks 27 (1967).

A libel has been defined as a maliciously written or printed publication which tends to blacken a person’s reputation or expose him to public hatred, contempt or ridicule or injure'him in his business or reputation. A communication is defamatory if it tends to harm the reputation of another so as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. Words which import dishonest conduct are defamatory; Cosgrove Studio and Camera Shop, Inc. v. Pane, supra; Bogash v. Elkins, supra; Miller v. Hubbard, supra; Bristol Printing Co. v. O’Keefe Broadcasting Co. Inc., supra. Any language which unequivocally, maliciously and falsely imputes to an individual or a corporation want of integrity in the conduct of his or her business is actionable: Cosgrove Studio and Camera Shop, Inc. [211]*211v. Pane, id.; Bogash v. Elkins, id.; Will, Trading as National News Co. v. Press Publishing Co., 309 Pa. 539 (1932). If the words used, when taken in their ordinary acceptation, convey a degrading imputation, no matter how indirectly, they are libelous and it matters not how artfully their meaning is concealed or disguised: Miller v. Hubbard, id. It is defamatory if the recipients of the communication could reasonably conclude that the subject lacked honor and integrity and was not a person to be relied upon insofar as his business dealings were concerned: Birl v. Philadelphia Electric Co., supra. A statement that a contractor is unreliable is libelous per se: Miller v. Hubbard, supra. Words which impute dishonesty to a person in the conduct of his business, which impeach credit of any merchant or trader by imputing to him dishonesty in the conduct of his business or which in any other manner are prejudicial to him in the way of his employment or trade, are libelous per se: Will, Trading as National News Co. v. Press Publishing Co., supra.

In an action for libel, the liability of the defendant is not dependent upon the intention of the author of the declaration. Nor does the mere susceptibility of the publication to an interpretation which would render it innocuous conclusively defeat a right of action for libel. The test is the effect the article is fairly calculated to produce, the impression it would naturally engender in the minds of the average persons among whom it is intended to circulate. The words must be given by judges and juries the same signification that other people are likely to attribute to them: Corabi v. Curtis Publishing Co., 441 Pa. 432 (1971).

It goes without saying that a corporation may be defamed: Cosgrove Studio and Camera Shop, Inc. v. Pane, supra.

Considering the foregoing, we are satisfied that we [212]*212cannot determine, at this stage, as a matter of law, that the statements alleged in the complaint do not rise to the dignity of libel per se. Paragraph 12 pleads that defendants during 1972 and through to the present in and about the development known as Village 2 in the Borough of New Hope and elsewhere within and without the Commonwealth of Pennsylvania, spoke and uttered in the presence and hearing of plaintiffs, their officers, agents or employes, and in the presence of other persons, certain false, scandalous, malicious and defamatory words essentially the thrust of which were that plaintiff, Village 2, is milking the homeowners in the development and not fulfilling any of the representations and promises with respect to the services to be provided which were made at and prior to the time of purchase by defendants of dwelling units in the development, that the manner and type of construction and improvements are violative of law and at variance with prior representations made by plaintiff, Village 2, to defendants, that materials used by plaintiff, Village 2, in its construction are of an inferior quality, that plaintiffs, Village 2 and Village Services Corporation, have wrongfully appropriated money to be held in trust for defendants to their own use and to the detriment of defendant.

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Related

Narehood v. Pearson
96 A.2d 895 (Supreme Court of Pennsylvania, 1953)
Mangino v. Steel Contracting Co.
235 A.2d 151 (Supreme Court of Pennsylvania, 1967)
Bogash v. Elkins
176 A.2d 677 (Supreme Court of Pennsylvania, 1962)
Birl v. Philadelphia Electric Co.
167 A.2d 472 (Supreme Court of Pennsylvania, 1960)
Sullivan v. Philadelphia
107 A.2d 854 (Supreme Court of Pennsylvania, 1954)
Cosgrove Studio & Camera Shop, Inc. v. Pane
182 A.2d 751 (Supreme Court of Pennsylvania, 1962)
Corabi v. Curtis Publishing Co.
273 A.2d 899 (Supreme Court of Pennsylvania, 1971)
Gardner v. Allegheny County
114 A.2d 491 (Supreme Court of Pennsylvania, 1955)
Miller v. HUBBARD
207 A.2d 913 (Superior Court of Pennsylvania, 1965)
Will (Nat. News Co.) v. Press Pub. Co.
164 A. 621 (Supreme Court of Pennsylvania, 1932)
Ross v. Metropolitan Life Insurance
169 A.2d 74 (Supreme Court of Pennsylvania, 1961)
Nissley v. Pennsylvania Railroad
259 A.2d 451 (Supreme Court of Pennsylvania, 1969)
Royal Oil & Gas Corp. v. Tunnelton Mining Co.
282 A.2d 384 (Supreme Court of Pennsylvania, 1971)

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Bluebook (online)
66 Pa. D. & C.2d 207, 1974 Pa. Dist. & Cnty. Dec. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-2-at-new-hope-inc-v-hausman-pactcomplbucks-1974.