Sindorf v. Jacron Sales Co., Inc.

27 Md. App. 53 (1975)

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Nature of the Case

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Facts

Sindorf (P) instituted an action for the tort of slander, demanding judgment against Jacron (D) and Fridkis (D1), in the amount of $150,000 compensatory damages and $150,000 punitive damages. P was employed by D for 18 months as a salesman. He resigned on 23 July 1973 because of a dispute over certain sales made by him and commissions he believed due him. P claimed that he would not receive his commissions from credit sales until payment had been received for the goods and that uncollectable debts were shared 50/50 by himself and the corporation. P claimed that he had not been paid his commissions from his charge sales because the corporation said the accounts were not collected. These disagreements culminated in P's resignation by letter wherein he explained that he was retaining the inventory in his possession 'as partial payment of the commissions due me . . . .' D initiated criminal proceedings against P because of his retention of the goods. The disposition of those proceedings is not apparent. P was hired by the Tool Box Corporation of Maryland upon an interview with William Brose, president of that company. D1 then called Tool Box to ascertain whether P had been working for Tool Box at the same time he had been working for D. D1 stated to the secretary who answered the phones that he thought P was a thief. Eventually, D1 talked with P's new boss. D1 informed Tool Box that it had better watch its stock really carefully and that quite a bit of merchandise was not accounted for by P when he left. D1 also stated that Tool Box should watch P carefully. P's boss told P about the conversation and P sued in defamation. D claimed privilege; D was given a directed verdict on privilege. P appealed; the privilege, if it had existed, was lost because of D's malice and total disregard of the truth.