Plendl v. Beuttler, 50478

• Court: United States State Supreme Court of Iowa
• Writing for the Court: PETERSON; All Justices concur except BLISS
• Citation: 253 Iowa 259,111 N.W.2d 669
• Parties: Stephen J. PLENDL, d/b/a Central Hardwood and Flooring Company, Appellant, v. William BEUTTLER, Appellee.
• Docket Number: No. 50478,50478
• Decision Date: 14 November 1961

Page 669

111 N.W.2d 669 253 Iowa 259 Stephen J. PLENDL, d/b/a Central Hardwood and Flooring Company, Appellant,
v.
William BEUTTLER, Appellee. No. 50478. Supreme Court of Iowa. Nov. 14, 1961.

[253 Iowa 260]

Page 670

Hobson & Cady, Hampton, for appellant.

Audley W. Johnson, Sioux City, for appellee.

PETERSON, Justice.

This is an action for damages, alleging libel. On May 8, 1959, defendant wrote and mailed to a group of general contractors the following letter:

'To All General Contractors

'Re: School Addn. & Alts.

'Whiting Iowa.

'Gentlemen:

'We have been advised that Mr. Steve Plendl, doing business as Central Hardwood Floor and Tile Co. of Geneva, Iowa has submitted a very low bid on the maple flooring on the above project.

'Normally we do not inject ourselves into the controversy with sub-contractors but we are definitely opposed to this particular company and will not approve them for this floor.

[253 Iowa 261] 'Our experience on every project with which this company has been connected through this office has been unsatisfactory. Controversies have arisen between the general contractors and this sub-contractor and invariably floors laid by them seem to buckle and bulge and to be relaid. This is not a matter of personal bias but of experience; consequently our decision stands as above indicated.

'Yours truly,

'William Beuttler.'

On April 29, 1961, plaintiff filed petition alleging that defendant 'maliciously wrote and caused to be published and distributed to general contractors, a letter containing malicious, false and defamatory statements concerning the plaintiff and plaintiff's business.' Plaintiff claimed actual damages in that he was injured in his business and reputation; that he lost business and was deprived of a chance to bid on many contracting jobs. That he suffered direct loss of profits which would have otherwise accrued to him. He claimed actual damages in the amount of $25,000, and exemplary damages in the amount of $100,000.

Defendant filed motion to strike and to make more specific. As to paragraph 3 of plaintiff's petition, in which plaintiff alleged defendant maliciously wrote the letter, defendant claimed such part of the petition should be stricken because defendant stated in the letter. 'This is not a matter of personal bias but of experience; consequently, our decision stands as above indicated.' He also moved to strike that part of paragraph 5 which states 'with actual malice toward plaintiff' etc., on the basis of the same clause. He also moved to strike all portions of plaintiff's petition wherein plaintiff alleged defendant acted with malice by reason of the clause.

Defendant also moved to make the petition more specific in outlining all details with reference to business loss, and listing the names of the general contractors to whom the letter was written.

On June 19, 1961, the District Court made the following ruling: 'Under the rules, motion to strike and make more [253 Iowa 262] specific deemed submitted without argument. Motion to strike and motion to make more specific sustained in toto.'

Plaintiff was granted leave by this court to appeal from the interlocutory ruling of the trial court, in accordance with R.C.P. 332, 58 I.C.A.

I. A general definition of libel is that it is a malicious publication, expressed

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either in printing or in writing, or by signs and pictures, tending to injure the reputation of another person or to expose him to public hatred, contempt, or ridicule or to injure him in the maintenance of his business. 53 C.J.S. Libel and Slander § 1, page 32; 33 Am.Jur., Libel & Slander, Section 3, page 38.

The statutory definition of libel in Iowa is as follows: 'Section 737.1. 'Libel' defined. A libel is the malicious defamation of a person, made public by any printing, writing, sign, picture, representation, or effigy, tending to provoke him to wrath or expose him to public hatred, contempt, or ridicule, or to deprive him of the benefits of public confidence and social intercourse; or any malicious defamation, made public as aforesaid, designed to blacken and vilify the memory of one who is dead, and tending to scandalize or provoke his surviving relatives or friends.'

The above definition appears in the chapter on criminal libel, but we have held the same definition applies to...