Horning v. Hardy
Maryland Court of Special Appeals
373 A.2d 1273 (Md. Spec. App. 1977)
The Hardys (defendants) genuinely believed they owned land the Hornings (plaintiffs) were developing, and on the morning a house sale on that land was set to close, the Hardys' attorney called the parties to disclose that the Hardys had filed suit claiming ownership, causing the sale to fall through. Although the trial court ultimately found the Hardys could not establish ownership, it also found their claim was conditionally privileged and rejected the Hornings' counterclaim for injurious falsehood; the Hornings appealed.
Whether an individual with an economic interest in land ownership is entitled to a conditional privilege to protect that interest, even if doing so interferes with a third party's contract.