
    No. 478
    BURKHART v. WAYNE COAL CO. et al
    Ohio Appeals, 7th Dist., Jefferson County
    Decided May 24, 1924
    285-, CONSPIRACY — In the absence of the element of malice the members of a combination for the purpose of furthering their own fair interest or advantage are not liable for any injury which is merely accidental.
    1177. TORTS — A third party is not liable for tort in securing a contract for property already under contract, for the purpose of his own gain, without making any fraudulent representations regarding the other contracting party.
    Attorneys — Not stated.
   POLLOCK, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

Burkhart obtained options upon certain coal lands of several of the defendants. Options were exercised before they expired and subsequently Bufikhart entered into a contract to sell the lands to the Wayne Coal Co. Later the Coal Co. purchased the lands direct from the owners. Thereupon, Burkhart brought this action alleging that the Coal Co. and the land owners conspired together to defeat and defraud him out of his rights under the contract. The court directed a verdict in favor of the defendants and error is prosecuted to reverse the judgment. In affirming the judgment the Court of Appeals held:

1. That in the absence of malice or collusion the land owners were not liable for selling the land to the coal company.

2. That the Coal Co. is not liable for tort in purchasing the property already under contract, in the absence of any fraudulent representations, as to the first contracting party, in order to induce a violation of the contract.  