Bodge v. Salesworld, Inc.
| Citation | 267 S.E.2d 505,154 Ga.App. 65 |
| Decision Date | 19 March 1980 |
| Docket Number | No. 59539,59539 |
| Parties | BODGE v. SALESWORLD, INC., et al. |
| Court | United States Court of Appeals (Georgia) |
Larry K. Janney, William Boyd Lyons, Atlanta, for appellant.
Robert E. Shields, Palmer Ansley, Atlanta, for appellees.
Appellant sued Salesworld, Inc., for damages alleging malicious and wrongful interference with his employment with the DICO Corporation. DICO was joined by Salesworld as a third party defendant. Salesworld is an organization which specializes in locating applicants to fill sales positions for businesses in need of such personnel and when successful receives a fee for the service from the employer. Appellant was hired by DICO, but whether this was as a result of Salesworld's efforts and whether DICO owed a fee to Salesworld are disputed questions. Salesworld's fee schedule, communicated to DICO, specified a fee of $3,240 and also specified that all fees were refundable unconditionally if the employee left voluntarily or was discharged within 30 days of employment. A representative of DICO testified that a Salesworld representative informed him "that we could keep Mr. Bodge in our employ and pay the fee or terminate Mr. Bodge or failing either one of those two, there would be legal proceedings . . ." Negotiations were then underway for the sale of DICO; and apparently rather than become involved in a lawsuit, the company fired appellant with less than 30 days on the job. This appeal is from a directed verdict for appellees. Held :
This state recognizes a cause of action where one maliciously and wrongfully, and with intent to injure, harms the business of another. Dale v. City Plumbing, etc., Co., 112 Ga.App. 723(2), 146 S.E.2d 349 (1965). "The act is malicious when the thing done is with the knowledge of the plaintiff's rights, and with the intent to interfere therewith." Employing Printers Club v. Doctor Blosser Co., 122 Ga. 509, 519, 50 S.E. 353 (1905). Restatement, Second, Torts § 766, p. 11, h.
"A verdict should not be directed unless there is no issue of fact, or unless the proved facts viewed from all possible legal points of view, sustain no other findings than that directed." Twisdale v. Ga. R....
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...could find that appellant maliciously and wrongfully, and with the intent to injure, harmed appellee's business. Bodge v. Salesworld, Inc., 154 Ga.App. 65, 267 S.E.2d 505 (1980). Accordingly, the trial court did not err in denying the motion for directed verdict on this claim. See generally......
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