Fendrich v. Lauck

I concur in the majority opinion and write specially only to point out that with respect to the libel action I think this was an inappropriate instance for the grant of summary judgment as per our previous *610holding in Wilson v. Great Northern Railway Company, 83 S.D. 207, 157 N.W.2d 19 (1968).

While the pleadings put the authorship of the letter in dispute, on a motion for summary judgment the defense shifted to the issue of the nature of the letter as libelous per se or per quod and the issue of privilege and malice. This presumes that appellee wrote the letter. The trial court apparently…