Hardeman v. Sinclair Ref. Co, 20285.

• Citation: 41 Ga.App. 315,152 S.E. 854
• Decision Date: 15 April 1930
• Docket Number: No. 20285.,20285.
• Parties: HARDEMAN . v. SINCLAIR REFINING CO. et al.
• Court: United States Court of Appeals (Georgia)

41 Ga.App. 315

152 S.E. 854

HARDEMAN .

v.SINCLAIR REFINING CO. et al.

No. 20285.

Court of Appeals of Georgia,

Division No. 1.

April 15, 1930.

Syllabus by the Court.

Slander was not shown by the petition in this case in which it was alleged that the defendant told a named person that plaintiff was "short" a stated sum with a certain corporation by which he was employed as collector, meaning that he had stolen that amount from the corporation, which statement Was untrue, etc.

Error from Superior Court, Cobb County; John S. Wood, Judge.

Action by Frank Hardeman against the Sinclair Refining Company and others. Judgment for defendants, and plaintiff brings error.

Affirmed.

H. B. Moss, of Marietta, for plaintiff in error.

Alston, Alston, Foster & Moise, of Atlanta, and L. M. Blair, of Marietta, for defendants in error.

LUKE, J.

Frank Hardeman brought this action for slander against Sinclair Kefining Company, J. F. McLarty, and J. C. Prichard, alleging damage in the sum of $10,000. The exception here is to the judgments of the court sustaining the separate general demurrers of the defendants to the petition.

The petition alleges that for a considerable time prior to March 11, 1929, plaintiff was employed by the Sinclair Refining Company as distributing agent and collector; that on said date he severed his connection with said company and accepted a similar position with the Southeastern Petroleum Corporation; that each of said corporations was engaged in the business of selling gasoline, kerosene, and lubricating oils; that each of said corporations did business on a cash basis; and that plaintiff worked for Sinclair Refining Company on a cash basis; that plaintiff was obliged to account at intervals in cash for all goods delivered, and that, when he did not so account, the amount that had not been collected would stand as a charge against his salary or commission; that said goods were handled "on trust relations between plaintiff and said Sinclair Refining Company"; that, immediately after plaintiff severed his relations with said company, it, its officers, agents, and employees conspired to damage him so that he could not sell the products of the Southeastern Petroleum Corporation, and that, to this end, J. C. Prichard, acting in the capacity of district superintendent of said Sinclair Refining Company, ''told J. F. McLarty that Frank Hardeman was short with said Sinclair Refining Company $1600, meaning that he had stolen that amount from said Sinclair Refining Company, thereby charging plaintiff with the offense of larceny, a...