Friedenberg v. Times Pub. Co.

Defendant is the publisher of a newspaper. Plaintiffs are merchants who purchased at sheriff’s sale the entire stock and fixtures of “Zodiag’s, Incorporated.” The latter had not paid its advertising bills due defendant. When, therefore, these plaintiffs sought to advertise such stock of goods in defendant’s pages, the latter refused to accept the advertisement; and thereupon plaintiffs sue defendant for $10,000 actual damages, $1,000 for humiliation and worry, and $1,000 exemplary damages.

The defendant excepted that plaintiffs’ petition disclosed no cause of action. And the trial judge…