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WILLEY v. RILEY12/20/1995
Unlike Willey's contentions, there is simply no evidence to support plaintiff's speculation that Riley acted with an improper motive or acted with the intent to financially injure or destroy Willey or his lobbying business. The record is absent of any evidence that Riley, who is not a lobbyist, would have any reason to interfere with his former associate's lobbying business. We emphasize that plaintiff and defendants agree Riley said nothing derogatory to Wilson about Willey during either of the telephone calls at issue.
Other cases have similarly dismissed intentional interference with prospective contract claims for lack of substantive evidence to [541 NW2d Page 528]
support the claim. See, e.g., Schaefer v. Cerro Gordo County Abstract Co., 525 N.W.2d 844, 847 (Iowa 1994) (affirming summary judgment for defendant abstract company against plaintiff's claim for intentional interference with a prospective business advantage; plaintiff presented no evidence that defendant actually knew of the prospective business advantage or that defendant intended to financially injure or destroy the plaintiff); Water Dev. Co. v. Board of Water Works, 488 N.W.2d 158, 162 (Iowa 1992) (affirming summary judgment for defendant public water works against plaintiff private water company's claim for intentional interference with prospective contract; the court concluded: "While termination of the [private water company's] water contracts was the result of the [public] water works' installation of its new system, we do not believe that an improper motive was the primary consideration, and there was no substantial evidence that the predominant purpose of the installation of the system was to terminate the [private water company's] water contracts."); Preferred Mktg. Assocs. Co. v. Hawkeye Nat'l Life Ins. Co., 452 N.W.2d 389, 395-96 (Iowa 1990) (reversing district court's denial of defendant's motion for directed verdict on the grounds that " here was no evidence that Hawkeye improperly interfered with prospective contractual or business relationships of [Preferred Marketing Associates Co.] Hawkeye did no more than it was entitled to do under its contract with [Preferred Marketing], that is, terminate the contract at will. Of course this destroyed [Preferred Marketing's] ability to profit from future Hawkeye policyholders, but that result was incidental to the pursuit of Hawkeye's own ends by proper means. As such, it is not actionable."); Page County Appliance Ctr., 347 N.W.2d at 178 (reversing district court's denial of defendant's motion for directed verdict on the grounds that plaintiff "did not introduce substantial evidence of a purpose on the part of either defendant to injure or destroy the Appliance Center's business"); Harsha, 346 N.W.2d at 800 (holding plaintiff's claim for intentional interference with prospective business relations should not have been submitted to the jury because substantial evidence did not exist to show defendant acted with a predominately improper purpose; the court concluded: "Substantial evidence of a connection between [defendant's] refusing further long-term credit and [a later transaction] does not appear. Any relationship is simply too attenuated. This tort basis of liability should not have been submitted for jury consideration."). But see Economy Roofing & Insulating Co., 538 N.W.2d at 652 (holding evidence generated a fact question to support plaintiff's claim that defendant's dealings with a third party were part of defendant's scheme to financially harm or destroy plaintiffs business); West v. Wessels, 534 N.W.2d 396, 399 (Iowa 1995) (holding genuine issue of material fact exits on discharged superintendent's claim for tortious interference with a prospective contractual relati
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