Lesher

This is an appeal from a judgment entered by the court after a trial of special defenses in an action for damages for fraudulent conspiracy. The facts and history of this litigation are set forth in Clark v. Lesher, 46 Cal.2d 874 [ 299 P.2d 865 ], We think it unnecessary to here repeat the Supreme Court’s recital in that decision of the history and background of this action. For the present it will suffice to say that the complaint herein charged the following: Upon the death of appellant’s father, respondent Lesher, who owned a newspaper in an adjoining county, bought a paper being published in Madera and appointed respondent Hal-comb as manager thereof. Lesher and Halcomb then conspired to eliminate a rival paper, the Madera Tribune, being published by appellant as a surviving partner, from competition in the Madera field. Clark’s newspaper had been owned in partnership by himself and his father. In furtherance of the conspiracy, Lesher purchased the heirship rights of the two children of appellant’s father in said decedent’s partnership interest in the newspaper. One Jay was the administrator of the senior Clark’s estate. Without the knowledge or consent of Jay, Lesher brought…