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Keywords

plaintiffdefendanttrialleasebankruptcycorporationpiracy

contractplaintiffdefendantleasepiracy

Related Cases

Remmers v. Remmers, 217 Mo. 541, 117 S.W. 1117

Facts

Henry J. Remmers owned shares in two corporations and entered into a lease agreement for a brick manufacturing plant with the College Hill Press Brick Works, controlled by the defendants. He alleged that the defendants induced him to lease the plant by promising financial assistance and misrepresenting the potential profitability of the business. After making significant investments in repairs and operations, Remmers discovered that the defendants had no intention of fulfilling their promises and that they conspired to defraud him, leading to his bankruptcy.

Clearly these allegations do not state any cause of action. It is not sought by the allegations of such promises and representations, which the plaintiff avers induced him to become the lessee of said brick manufacturing plant, to annul or cancel the contract of lease as entered into between the parties.

Issue

Did the trial court err in sustaining the demurrer to the plaintiff's amended petition, which alleged conspiracy and fraud?

The legal propositions disclosed by the record in this cause rest within a very narrow compass; that is, does the action of the court in sustaining the demurrer to the petition interposed by the defendants constitute such error as would warrant this court in reversing the judgment in this cause?

Rule

A conspiracy cannot be the subject of a civil action unless it is accompanied by an actionable wrong. Mere allegations of conspiracy without a concrete cause of action are insufficient.

The general rule is that a conspiracy cannot be made the subject of a civil action unless something is done, which without the conspiracy would give a right of action.

Analysis

The court analyzed the allegations in the plaintiff's petition and determined that while conspiracy was alleged, there was no underlying actionable claim. The court emphasized that the plaintiff's claims did not meet the legal requirements for fraud or deceit, as they failed to demonstrate that the defendants made false representations with the intent to deceive the plaintiff.

After a most careful consideration of the proposition presented to our consideration, we have reached the conclusion that the petition in this cause does not state facts sufficient to constitute a cause of action upon which the plaintiff in this action has any right of recovery.

Conclusion

The court affirmed the judgment of the lower court, concluding that the plaintiff's petition did not state sufficient facts to constitute a cause of action.

We have carefully analyzed each and every allegation embraced in the petition, and have fully considered all of the authorities applicable to the legal propositions confronting us; that is, whether or not the petition in this cause states sufficient facts to constitute a cause of action.

Who won?

Defendants prevailed in the case because the court found that the plaintiff's allegations did not establish a valid legal claim.

The defendants set about, in pursuance of said plan, scheme, and conspiracy, systematically to undermine plaintiff in his business, reputation, and credit, by seeking to prevent sales of brick by him, by circulating false and untruthful reports reflecting on his integrity.

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