Chamberlain v. Clayton
| Decision Date | 14 June 1881 |
| Citation | 9 N.W. 237,56 Iowa 331 |
| Parties | CHAMBERLAIN v. CLAYTON ET AL |
| Court | Iowa Supreme Court |
Appeal from Pottawattamie District Court.
THE petition in this case contains three counts. In the first count is averred in substance that on the 12th day of August 1880, the State of Iowa made a verbal contract with the plaintiff, by which the plaintiff was employed as superintendent of the Iowa Institution for the Deaf and Dumb for one year from September 1, 1880, at a salary of $ 1,000 and board and lodging during that time for himself and family. "That the defendants, knowing the premises, and contriving and maliciously intending to injure and aggrieve the plaintiff, and to injure him in his profession of a superintendent of schools, and to prevent him from acquiring any success, reputation, gain, or profit therein, and to oppress and vex him, before the first of September, 1880 wrongfully, wickedly, and maliciously did conspire, combine, confederate and agree together to prevent the plaintiff from entering upon the performance of, and from discharging the duties of his office of superintendent under the said contract with the State of Iowa and from entering into possession of his said office, and its emoluments." That plaintiff, on said first of September, 1880, went to said institution and offered to enter upon the performance of his said contract, but the defendants, in pursuance of said malicious conspiracy, did, by words, acts, orders, and threats, prevent the plaintiff from entering upon the discharge of his duties under said contract, and have ever since so prevented him from performing his duties as superintendent of said institution.
The second count is, in substance, the same as the first, excepting that the acts of the defendants are charged to be unjust, illegal, and wrongful. The allegation of a willful and malicious conspiracy is omitted.
In the third count it is alleged that the defendants were, and are, trustees of said institution, and that it was their duty, arising from their said office and from said contract, to allow the plaintiff to enter upon the performance of his said engagement; but that they, in violation of their duty, wrongfully, unjustly and illegally hindered, obstructed and prevented, and still do hinder, obstruct and prevent, the plaintiff from performing his said duties under said contract. A personal judgment is asked against the defendants for $ 5,000 damages.
There was a demurrer to the petition, which was overruled as to the first and second counts, and sustained as to the third count. From the ruling in sustaining the demurrer as to the third count, the plaintiff appeals.
AFFIRMED.
N. M. Pusey, for appellant.
Wright & Baldwin, for appellee.
It will be observed that it does not appear from the allegations of the first and second counts that the defendants are trustees of the Institution for the Deaf and Dumb. For aught that appears therefrom, the defendants were mere strangers, and under the first count were guilty of a wicked and malicious conspiracy by which they prevented the plaintiff from performing his contract; and in the second count it is alleged they wrongfully, unjustly, and illegally hindered the plaintiff from entering upon the duties of his employment under his contract. The District Court held that these counts each presented a good cause of action. In the third count, however, it is averred that the defendants were trustees of the institution, and that they, as trustees neglected and refused to perform their duty, by wrongfully, unjustly, and illegally preventing the plaintiff from performing his contract. Section 1686...
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