17 Mass. App. Ct. 1035 | Mass. App. Ct. | 1984
The defendant cross appeals from a judgment entered against him on the plaintiff’s claim of intentional interference with an advantageous business relationship. (The plaintiff’s appeal was dismissed for failure to file a brief in a timely manner.)
The trial judge found that the defendant had telephoned the plaintiff s supervisor on several occasions to complain about the plaintiffs work habits in an attempt to have the plaintiff fired. These efforts were unsuccessful. The trial judge concluded that the elements of the tort of intentional interference with an advantageous business relationship were satisfied but that actual damages had not been shown. The judge awarded damages of $3,000, which he termed “nominal damages.”
The judgment must be reversed. In this Commonwealth actual damage is a necessary element of a claim of intentional interference with an advantageous
The judgment is reversed and a new judgment is to be entered dismissing the action.
So ordered.