Stanfield v. National Elec. Contractors Ass'n, Inc.

• Decision Date: 01 October 1979
• Docket Number: No. KCD,KCD
• Parties: Efton A. STANFIELD, Appellant, v. NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, INC., et al., Respondents. 29618.
• Court: Missouri Court of Appeals

Page 199

588 S.W.2d 199

Efton A. STANFIELD, Appellant, v. NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, INC., et al Respondents.

No. KCD 29618.

Missouri Court of Appeals, Western District.

Oct. 1, 1979.

James A. Christenson, Independence, for appellant.

Guy Farmer, Farmer, Shibley, McGuinn & Flood, Washington, D.C., Sandra L. Schermerhorn, Kansas City, for respondents.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

TURNAGE, Judge.

Efton Stanfield filed suit against the National Electrical Contractors Association, Inc., (NECA) and a number of employees of that organization. NECA and all the other defendants filed a motion to dismiss the petition for failure to state a claim upon which relief could be granted. The court sustained this motion and dismissed the petition. The order of dismissal did not recite that it was without prejudice and so the dismissal order was with prejudice under Rule 67.03. Koller v. Ranger Insurance Co., 569 S.W.2d 372(1, 2) (Mo.App.1978).

On this appeal Stanfield contends his petition stated a cause of action for tortious interference with his contract of employment. Reversed and remanded.

Stanfield's petition covers twenty pages in the transcript and to say the least is not a model pleading. However, pleadings "are to be given a liberal construction, and are to be accorded their reasonable and fair intendment. A pleading is not to be held insufficient merely because of a lack of definiteness or certainty in allegation or because of informality in the statement of an essential fact." Merriman v. Caton, 395 S.W.2d 106, 109(1-3) (Mo.1965).

In essence, Stanfield pleaded that he had been employed for almost ten years as executive vice president of the Kansas City Chapter of National Electrical Contractors Association, which was a separate Missouri corporation from NECA. The petition alleged that all of the defendants entered into a conspiracy to have Stanfield removed from his position, and, pursuant to this conspiracy, defendant Robert L. Higgins, executive vice president of NECA, came to Kansas City and met with the board of directors of the Kansas City chapter. The petition alleged that prior to the visit by Higgins, other defendants had made derogatory statements about Stanfield because of Stanfield's efforts in organizing an exchange club of local chapter managers across the country. The petition alleged another reason Higgins wanted to remove Stanfield was because of his ability to establish a neutral hiring hall despite the union's desire for a hall operated by the union. Stanfield alleged that in April, 1974, the general membership of the local chapter had voted to sustain Stanfield in his position as executive vice president of the chapter. Within two or three days after this action, Higgins came to Kansas City, met with the board of directors of the local chapter, and dictated petitions for the local chapter to become a "sponsored chapter." Various members of the chapter asked Higgins if Stanfield would remain in his position if the chapter became a "sponsored chapter" and Higgins assured them Stanfield would remain. Acting on the representation, which Higgins knew to be false, many members signed the petition.

The petition alleged that Higgins was determined to have Stanfield removed from his position because Higgins feared Stanfield represented a threat to Higgins' position in the NECA. The petition alleged that Stanfield did not have a contract for a definite term of employment, but his salary had increased from $23,900 to over $30,000 per year, and that minutes of the local chapter contained agreements to pay him a pension at age 65 at the rate of 50% Of the highest five years of his salary. The petition alleged that Higgins met with the board of directors of the local chapter in June, 1974, and that Higgins left the meeting three times to request Stanfield to resign. When Stanfield refused, Higgins used threatening language toward Stanfield, and later that day dictated a letter to Stanfield terminating his employment. Stanfield's employment thereupon terminated and Stanfield turned over all property belonging to the local chapter. Later, Stanfield requested a letter of reasons for his termination and Higgins wrote the termination was because of Stanfield's lack of understanding and suitability to manage the affairs of the association.

The petition alleged the real reason Stanfield was removed was because he constituted a threat and embarrassment to Higgins because of the establishment of the neutral hiring hall and the exchange club and for the purpose of enabling Higgins to gain control of the local chapter.

Stanfield principally urges that his petition states a cause of action for the tortious interference with his employment contract with the local chapter of NECA. The essential elements for tortious interference of contract are quoted in Smith v. Standard Oil, Div. of Amoco Oil Co., 567 S.W.2d 412, 417(5, 6) (Mo.App.1978) as:

"1) that a contract was in existence; 2) that the defendant had knowledge of the contract; 3) that the defendant induced or...