{ "id": 8626081, "name": "EDNA VIRGINIA JOHNSON v. MYTOLENE GRAYE", "name_abbreviation": "Johnson v. Graye", "decision_date": "1959-12-16", "docket_number": "", "first_page": "448", "last_page": "452", "citations": [ { "type": "official", "cite": "251 N.C. 448" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "56 S.E. 2d 43", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "231 N.C. 71", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628309 ], "pin_cites": [ { "page": "74" } ], "opinion_index": 0, "case_paths": [ "/nc/231/0071-01" ] }, { "cite": "110 S.E. 2d 278", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "250 N.C. 681", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625761 ], "pin_cites": [ { "page": "685" } ], "opinion_index": 0, "case_paths": [ "/nc/250/0681-01" ] }, { "cite": "64 N.C. 706", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8683469 ], "opinion_index": 0, "case_paths": [ "/nc/64/0706-01" ] }, { "cite": "63 S.E. 2d 555", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "233 N.C. 262", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8603639 ], "opinion_index": 0, "case_paths": [ "/nc/233/0262-01" ] }, { "cite": "14 S.E. 621", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "110 N.C. 73", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272673 ], "opinion_index": 0, "case_paths": [ "/nc/110/0073-01" ] }, { "cite": "99 A.L.R. 12", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "188 S.E. 390", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "210 N.C. 679", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628534 ], "opinion_index": 0, "case_paths": [ "/nc/210/0679-01" ] }, { "cite": "35 S.E. 2d 647", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "225 N.C. 494", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8611950 ], "opinion_index": 0, "case_paths": [ "/nc/225/0494-01" ] }, { "cite": "84 S.E. 2d 176", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "240 N.C. 667", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8609041 ], "opinion_index": 0, "case_paths": [ "/nc/240/0667-01" ] }, { "cite": "67 P. 2d 27", "category": "reporters:state_regional", "reporter": "P.2d", "opinion_index": 0 }, { "cite": "156 N.Y.S. 2d 391", "category": "reporters:state", "reporter": "N.Y.S.2d", "opinion_index": 0 }, { "cite": "26 A. 2d 559", "category": "reporters:state_regional", "reporter": "A.2d", "opinion_index": 0 }, { "cite": "20 N.J. Misc. 217", "category": "reporters:state", "reporter": "N.J. Misc.", "case_ids": [ 432308 ], "opinion_index": 0, "case_paths": [ "/nj-misc/20/0217-01" ] } ], "analysis": { "cardinality": 510, "char_count": 9863, "ocr_confidence": 0.431, "pagerank": { "raw": 1.8911351627402892e-07, "percentile": 0.7289998374422602 }, "sha256": "3c99a733c4430e583a6d63f423afe79b531287c89f40bc6024bd87a14b6891b2", "simhash": "1:297b9c0093cbfcf9", "word_count": 1593 }, "last_updated": "2023-07-14T17:26:21.126874+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "EDNA VIRGINIA JOHNSON v. MYTOLENE GRAYE." ], "opinions": [ { "text": "' Bobbitt, J.\nPlaintiff's action was dismissed on the ground that it appears affirmatively, upon the record, admission and complaint, that it is'barred by the statutes of limitation relating to slander and libel.\nThe gravamen of the cause of action alleged by plaintiff is defendant\u2019s \u2022 alleged malicious interference with plaintiff\u2019s contractual relations with the High Point School Board. Plaintiff, in her complaint, db\u00e9s not use the words \u201cslander,\u201d \u201clibel\u201d or \u201cdefamatory.\u201d She alleges the false statements of April 22, 1956, as overt acts to induce the High Point School Board to terminate plaintiff\u2019s contract and to refuse a renewal thereof.\n\"Whether plaintiff could have based .an action for slander or libel upon the alleged false statements of April 22, 1956, is beside the point. She did not elect to do so. The gist of her action is that defendant wrongfully and maliciously caused her to lose her employment; and the alleged false statements of April 22, 1956, are alleged as the means used 'by defendant to accomplish her unlawful design. Strollo v. Jersey Central Power & Light Co., 20 N.J. Misc. 217, 26 A. 2d 559; Sheppard v. Coopers\u2019 Incorporated, 156 N.Y.S. 2d 391. \u201cIf defamation is the means employed, the 'action is not one for libel or slander, but for the common-law wrong of malicious interference with contractual rights. The means used do not change the nature of the cause of action.\u201d Chilton v. Oklahoma Tire & Supply Co. (Oklahoma), 67 P. 2d 27, and oases cited.\n\u201cA party to a contract, whether of employment or otherwise, has a right of action against a person who has procured a breach of such contract by the other party thereto otherwise than in the legitimate exercise of his own rights, and without justification.\u201d 30 Am. Jur., Interference \u00a7 21. The essential elements of this tort are set forth by Parker, J., in Childress v. Abeles, 240 N.C. 667, 84 S.E. 2d 176.\n\u201cIt is generally held that the act of maliciously inducing a person not to enter into a contract with a third person, which he would- otherwise-have' entered -into, is actionable if damages result, although there is some authority to the contrary.\u201d 30 Am. Jur., Interference \u00a7 38. The cases cited in support of the majority rule include. Coleman v. Whisnant, 225 N.C. 494, 35 S.E. 2d 647. Also, see Bohannon v. Trust Co., 210 N.C. 679, 188 S.E. 390, and eases cited therein, and Annotation: \u201cLiability for preventing one from making specific contract,\u201d 99 A.L.R. 12.\nDefendant\u2019s motion to dismiss does not undertake to specifiy wherein the complaint fails to allege facts sufficient to constitute a cause of -action for malicious interference with plaintiff\u2019s contractual relations with the High Point School Board, the basis on which plaintiff seeks to recover. Nor does the judgment of dismissal so 'Specify. Each contains the -simple 'assertion that plaintiff\u2019s cause of action is for slander or libel.\nIn this novel procedural Setting, the view most favorable to defendant is that the motion to dismiss, in respect of this feature of the ease, should be treated -as a demurrer to the complaint for failure to state facts sufficient to constitute a cause of action for malicious interference with plaintiff\u2019s contractual relations with the High Point School Board. Elam v. Barnes, 110 N.C. 73, 14 S.E. 621. When so considered, the following rules are apposite.\n1. \u201cThe demurrer must distinctly specify the grounds of objection to the complaint, or it may be disregarded.\u201d G.S. 1-128; Duke v. Campbell, 233 N.C. 262, 63 S.E. 2d 555, and oases cited. The substantial reasons underlying this statutory provision are stated in Love v. Commissioners, 64 N.C. 706, and in Elam v. Barnes, supra.\n2. \u201cWhen a. demurrer is sustained, the action will be'th\u00e9n dismissed only if the -allegations of the complaint affirmatively disclose -a' defective cause of action, that is, that plaintiff has no cause of -action against'the defendant.\u201d Lumber Co. v. Pamlico County, 250 N.C. 681, 685, 110 S.E. 2d 278, and oases cited.\n3.\u201c A demurrer to a defective statement of a good cause of action comes too late after answer.\u201d Davis v. Rhodes, 231 N.C. 71, 74, 56 S.E. 2d 43; McIntosh, North Carolina Practice and Procedure, \u00a7 443.\nThe court below should have overruled (disregarded) defendant\u2019s motion to dismiss on account of defendant\u2019s failure to specify wherein she 'contended the complaint failed to allege facts sufficient to constitute a cause of action for malicious interference with plaintiffs contractual relations with the High Point School Board. Indeed, the brief filed by defendant in this Court does not undertake to specify any deficiency in plaintiff\u2019s allegations in respect of such cause of action.\nWe are not disposed to examine the complaint critically with the view of determining whether plaintiff\u2019s statement of a good cause of \u2022action is .in any respect defective. Indeed, if the allegations are defective in any .particular, it would be of no avail to defendant in relation to her motion to dismiss; Suffice to say, the allegations -of the complaint do not affirmatively disclose that plaintiff has no cause of action against defendant for malicious interference with her contractual relations with the High Point School Board; and, 'as to such cause of action, the three year statute of limitation is applicable. ;G.S. 1-52(5).\nFor the reasons stated, the judgment dismissing plaintiff\u2019s action is reversed.\nReversed.", "type": "majority", "author": "' Bobbitt, J." } ], "attorneys": [ "J. Kenneth Lee for plaintiff, appellant.", "James B. Lovelace for defendant, appellee." ], "corrections": "", "head_matter": "EDNA VIRGINIA JOHNSON v. MYTOLENE GRAYE.\n(Filed 16 December, 1959.)\n1. Contracts \u00a7 SI\u2014\nA third party who, acting without justification and not in the legitimate exercise 'of his own rights, induces one contracting party not to enter into or /renew a contract with the other contracting party, may he held liable by either of the contracting parties for the \u00a1malicious interference with his contractual rights.\n2. Contracts \u00a7 32: Master and Servant \u00a7 13: label and Slander \u00a7 1\u2014\nAllegations to the effect that defendant school principal maliciously by false charges reflecting upon plaintiff\u2019s professional efficiency and character procured plaintiff\u2019s discharge by .the school board and prevented the renewal of her contract as a teacher, reJate to a cause of action for malicious interference with plaintiff\u2019s contractual rights, governed by the three-year statute, G.S. 1-52(5), and not a cause of action for libel and slander, and rtfli\u00a9 court should have overruled defendant\u2019s motion to dismiss on the ground that the record disclosed that \u25a0the action was for libel or slander brought more than one year after the alleged defamation. G.S. 1-54, G.:S. 1-55.\n3. Pleadings \u00a7 15\u2014\nA demurrer which fails to distinctly specify the grounds of objection may be disregarded. G.S. 1-128.\n4. Pleadings \u00a7 20 % \u2014\nWhen a demurrer is sustained the action should be dismissed only if the allegations in -the complaint affirmatively show that plaintiff has no cause of action against defendant.\n5. Pleadings \u00a7 16\u2014\nA demurrer to a defective statement of a good cause of action comes too late after answer.\nAppeal by plaintiff from Crissman, J., February 16, 1959 Civil Term, of Guilford (High Point Division).\nCivil action, to recover damages on account of the termination of plaintiffs contract with the High Point School Board, and on \u2018account of its failure to renew such contract, allegedly caused by defendant\u2019s wrongful conduct as set forth in the complaint.\nIn \u2018substance, plaintiff alleged: Plaintiff had been a teacher in the Eairview Street School -in High Point, North Carolina, during the period 1944-1956, doing satisfactory work. On or about April 22, 1956, defendant, who was then principal of .said school, made false charges against plaintiff, including seven specifically set forth, to the superintendent of the High Point City Schools. These false charges: (1) reflected \u201cdirectly and unequivocally upon plaintiff\u2019s professional efficiency, ability, character and attitude\u201d; (2) were made maliciously, \u201cin, a spirit of vindictiveness,\u201d for the \u201cunjustifiable and unlawful purpose of having said plaintiff\u2019s 'contract with the High Point School Board terminated and for the further purpose of having said plaintiff\u2019s renewal contract denied and refused\u201d; (3) \u201cwere material in forcing plaintiff\u2019s discharge and preventing a renewal of her contract as a teacher in said City School District.\u201d\nAnswering, defendant denied the alleged wrongful conduct and, by way of further answer, set up certain pleas in bar. She pleaded, inter alia, in bar of iplaiimitiff\u2019s 'action the six months statute of limitation applicable to actions for slander, G.S. 1-55, and the one year statute of limitation applicable to actions for libel, G.S. 1-54, asserting \u201cThat the cause of action alleged by the plaintiff, if any, is a cause of action for slander or libel.\u201d\n\u25a0 Thereafter, defendant filed a motion to dismiss plaintiff\u2019s action on the ground that it' was barred by said statutes of limitation. She based her motion to dismiss on these propositions: (1) As shown by the record, this 'action was commenced July 19, 1958. (2) As shown by plaintiff\u2019s admission, she was not under disability when her cause of action accrued (G.S. 1-17, G.S. 1-20), and no facts existed that would toll the running of the applicable statute of limitation. (3) As shown by the complaint, the cause of action, if any, alleged by plaintiff is for slander or libel.\nThe court, allowing defendant\u2019s said motion, entered judgment dismissing the action. The judgment recites, inter alia: \u201cand counsel for plaintiff having admitted in open court that the plaintiff was suffering from no disability which would toll the Statute of Limitations and that there were no other extraneous facts which would toll the Statute of Limitations ...\u201d\nPlaintiff excepted to said judgment and appealed.\nJ. Kenneth Lee for plaintiff, appellant.\nJames B. Lovelace for defendant, appellee." }, "file_name": "0448-01", "first_page_order": 492, "last_page_order": 496 }