Sarkees v. Warner-West Corp.
| Decision Date | 22 May 1944 |
| Docket Number | 101 |
| Citation | 37 A.2d 544,349 Pa. 365 |
| Parties | Sarkees, Appellant, v. Warner-West Corporation |
| Court | Pennsylvania Supreme Court |
Argued April 11, 1944.
Appeal, No. 101, Jan. T., 1944, from judgment of C.P Delaware Co., March T., 1943, No. 483, in case of Raymond A Sarkees v. Warner - West Corporation. Judgment affirmed.
Trespass for libel.
Demurrer to statement of claim sustained and judgment entered for defendant, opinion by MacDADE, P.J. Plaintiff appealed.
Judgment affirmed.
Thomas J. Reilly, of Reilly & Pearce, for appellant.
Robert W. Beatty, of Butler & Beatty, with him Greer & Johnson, for appellee.
Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and HUGHES, JJ.
Raymond A. Sarkees, the plaintiff, was engaged in business at 7048 and at 7050-52-54 Garrett Road, Upper Darby, Delaware County. In the month of March, 1943, the Warner-West Corporation purchased the building of which 7050-52-54 was a part. Although the plaintiff was still in possession under the terms of the lease, the Warner-West Corporation published a circular which indicated that a part of the premises 7050-52-54 Garrett Road was for rent. The circular contained photographs of the exterior and second floor interior, furnished details of floor plans, dimensions, character of construction, materials and other matters which might be of interest to prospective tenants. The only reference to the plaintiff was the appearance of the plaintiff's name as it was painted by the plaintiff on the second floor windows of 7050-52-54 Garrett Road and as it appeared on a sign hanging from the second story window at 7048 Garrett Road, also occupied by the plaintiff, but about which nothing was mentioned in the circular.
The plaintiff claims that the making, uttering and publishing of this circular was libelous and reflected upon his character; that it also brought discredit to his business reputation. The plaintiff in paragraph eight claims the publication was intended to carry and convey to the general public "that the said Plaintiff, Raymond A. Sarkees, also known as Sarkees, was a business failure; was being evicted from the premises; was unable to carry on his business; was closing his business; was selling out his entire business, including stock, fixtures and goodwill; was financially embarrassed and unable to pay his debts and obligations; was attempting to rent, lease or sub-lease the buildings in which he was engaged in the business aforesaid; was unreliable, undependable and unworthy of trust and confidence in his business dealings; that his financial standing was impaired; that his business was near bankruptcy; that he could not and would not pay his bills for labor or material or both; nor could he perform other contractual obligations." The plaintiff then avers that "the false, scandalous, malicious and defamatory publication and charges set forth" are untrue; that the defendant knew they were untrue and by the printing, publishing and circulating of them damaged the plaintiff in his personal reputation and business.
The defendant has demurred, setting forth that the alleged libelous matter did not warrant or justify the innuendo contained in the statement of claim, but that the innuendo enlarged and added to the fair, natural and proper meaning of the matter alleged to be defamatory. The plaintiff concedes the right of the owner of the premises, when permitted under the terms of a lease, to display a "For Rent" sign upon such business establishment even though occupied by a business tenant, and that right of the defendant is not disputed here.
For the plaintiff to recover he must show the publication of the defendant to be libelous. A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt or ridicule: Collins v....
To continue reading
Request your trial