Ozark Fruit Growers' Ass'n v. Sullinger

• Citation: 45 S.W.2d 887
• Decision Date: 04 February 1932
• Docket Number: No. 4999.,4999.
• Parties: OZARK FRUIT GROWERS' ASS'N v. SULLINGER et al.
• Court: Court of Appeal of Missouri (US)

45 S.W.2d 887

OZARK FRUIT GROWERS' ASS'N v. SULLINGER et al.

No. 4999.

Springfield Court of Appeals. Missouri.

February 4, 1932.

Error to Circuit Court, Lawrence County; E. E. Smith, Judge.

"Not to be officially published."

Action by the Ozark Fruit Growers' Association, a corporation, against Russell Sullinger and others. To review an adverse judgment, plaintiff brings error.

Affirmed.

D. S. Mayhew, of Monett, for plaintiff in error.

James E. Sater and E. C. Medlin, both of Monett, for defendants in error.

SMITH, J.

The plaintiff filed petition in the circuit court of Lawrence county asking damages and is based upon a charge of conspiracy and for the wrongful interference by the defendants with the plaintiff's business. The petition, omitting caption and signature, is as follows:

"Plaintiff states that it is a corporation organized under the laws of the state of Missouri with headquarters at Monett, Missouri, and the purpose of said corporation are to provide ways and means for the growers of fruit and other farm products in the state of Missouri, Arkansas and other states and territories to secure by cooperation among themselves and with railroads and express companies and by all other lawful means the cheapest and best transportation services for their fruits and other farm products, and the proper distribution, marketing and sale of same. That the defendants are residents of Lawrence County, Missouri.

"And for cause of action plaintiff states that all the times hereinafter mentioned the defendants knew the business in which plaintiff was engaged and knew the general plan plaintiff used in the conduct of its business in the procuring of contracts from local independent fruit grower associations throughout Lawrence County and other counties in the state of Missouri, and that the plaintiff has contracts with local association in various parts of Missouri and other states by which they manage the sale of the fruits of the parties with whom they have contracted.

"Defendants knew that any activity, which would create suspicion or mistrust or a lack of confidence in the plan on the part of plaintiff's customers under contract, would be injurious to the plaintiff and its business. Defendants also knew at all times hereinafter mentioned a large number of local fruit grower associations and customers of plaintiff, who were patronizing and co-operating with the plaintiff under contract for the handling of the fruits of the parties aforesaid. That at all times mentioned the defendants, having no use or a lawful purpose to serve, but for reasons known alone to themselves, did, intending to harass, annoy, persecute, injure, destroy and otherwise interfere with the due prosecution of plaintiff's business, enter into a conspiracy among themselves and with certain unknown representatives and stool pigeons of defendants, and did and have continuously circulated in and among plaintiff's customers and persons under contract with the plaintiff, and did and have and still do induce, persuade, and entice plaintiff's customers to have no business relations or transactions with plaintiff; and defendants and their unknown confederates have gone out into various territories and localities wherein plaintiff had an active business and was actively engaged in the prosecution of its business, and there among the public at large and plaintiff's prospective customer and those under contract with the plaintiff, did procure, persuade and induce the public at large and plaintiff's customers to refrain from doing business with plaintiff, and defendants have at the same time in connection with their unknown confederates, procured, induced, sought and persuaded plaintiff's customers, who had heretofore had business relations with it, to break their contract, and refuse to further treat with plaintiff or to continue their contracts with the plaintiff as required by the various contracts had with various customers of the plaintiff. That when defendants and their unknown confederates were attempting to persuade, induce and procure plaintiff's customers to cease business relations with it, and plaintiff's prospective customers to refuse to treat with it, the defendants and their unknown confederates, while engaged in said wrongful and unlawful undertakings, did say to such customers and prospective customers, while attempting to interfere, harass, annoy and destroy plaintiff's business, in substance as follows: `That plaintiff was in a failing condition; that plaintiff was bankrupt, and that the fruit growers doing business with the plaintiff had been defrauded, and that the defendants herein were going to break plaintiff and throw plaintiff in bankruptcy; and that the secretary of the plaintiff was in jail for violations of the laws of the State of Missouri,' and many similar utterances, the language of which is unknown to plaintiff, but which were a part of the general plan of conspiracy among the defendants and their confederates to injure and destroy plaintiff's business.

"That as a direct result of the unlawful, malicious, and wrongful purpose on the part of defendants and their unknown confederates, plaintiff has been drawn into a large amount of vexatious wrangles, and its business injured in the sum of Five Thousand Dollars.

"That plaintiff is engaged in a lawful undertaking and is entitled to lawfully and peacefully prosecute and pursue its business, and...