132 Iowa 208 | Iowa | 1906
The evidence tended to show that plaintiff is by trade a painter; that defendant as a member of the school board of the independent school district of Britt, was asked by one Kleaveland, who was entering into a contract for the erection of a schoolhouse for the independent district, and who was about to sublet a contract for the painting, as to plaintiff’s fitness for doing the work; and that, in response to this inquiry, defendant answered that he thought plaintiff was not the man' the contractor wanted, and that he could not be relied upon, “ as he might use stuff there that was not called for in the specifications.” The verdict, so far as it was made the basis of the judgment, was for actual and exemplary damages in the use of such language by defendant to'Kleaveland with reference to plaintiff, his fitness as a workman in his trade.
Many errors are assigned with reference to rulings on the introduction of the evidence, but as the same questions are not likely to arise if the rules of law already stated are observed in the trial of the case, it is not necessary to discuss them. Any evidence, tending to show express malice, was competent in behalf of the plaintiff. Any evidence, tending to show good faith on the part of defendant in making the charges complained of, would be admissible as negativing malice on his part.