De Witte v. Kearney & Trecker Corp.

We will first consider the question whether the complaint states the facts sufficient to constitute a cause of action. In deciding this point it must be determined, first, whether the words used and the statements made are capable of the libelous meaning, and, second, whether such statements refer to some ascertained or ascertainable person.

Paragraphs “Fourth,” “Fifth,” and “Sixth” of the letter, which are particularly referred to in the complaint, contain the language “misconduct of the small group of officers of the EIU;” statements that such officers “misrepresented” the purpose of the…