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· 3/8/1920

Miller v. Post Publishing Co.

Citations

  • 266 Pa. 533
  • 110 A. 265
  • 1920 Pa. LEXIS 606

Syllabus

<p>Conspiracy — Trespass for conspiracy — Contract—Agreement to violate contract — Injury—Natural consequence — Intention—Statement of claim.</p> <p>1. In an action of trespass against the owners of four newspapers published in a city, to recover damages for an alleged conspiracy, the statement of claim shows no cause of action, where it alleges that plaintiff, under an agreement with defendants, had established an exclusive agency for the sale of all defendant’s papers in the city, that he received a stated compensation from defendants for the sale and distribution of the papers, that defendants had conspired together to ruin and destroy his business by refusing to sell or furnish him newspapers, and that by reason thereof his business was destroyed and he suffered damages.</p> <p>2. Where an act is lawful for the individual, it can be the subject of conspiracy, when done in concert, only when there is direct intention that injury shall result from it, or where the object is to benefit the conspirators to the prejudice of the public or oppression of the individual, and where such prejudice or oppression is the natural and necessary consequence.</p>

Judges: Brown, Frazer, Kephart, Simpson, Walling

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