This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The fact that the party who is injured by the wrongful act of an association was at one time a member thereof, does not prevent him from maintaining an action against the association to recover damages for its wrongful act.1 The fact that the person who is prevented by a labor union from obtaining employment was himself once a member of the union, and that ho joined such union to secure a part of the monopoly of the labor market, does not prevent him from obtaining relief.2. Whether the combination seeks a lawful purpose or not, its acts may be unlawful because of the means which they may employ. Since he has not based his right of action upon the original contract, the maxim in pari delicto does not apply.3 The fact that A induced B to enter into a contract with him by fraud, does not prevent A from having a right of action against X for inducing B to break such contract, if X uses any means in inducing B to break such contract other than disclosing to B the truth as to A's statements.4 The fact that an employer has hired employes to take the place of the strikers by false representations to such new employes, does not justify the strikers in using force to compel such employes to quit working.5
"Further, the effect of complying with the labor unions' demand apparently will be the destruction of the plaintiffs' business. But the fact that the business of a plaintiff is destroyed by the acts of the defendants done in pursuance of their right of competition is not decisive of the illegality of them. It was well said by Hammond J., in Martelr v. White, 185 Mass. 255, 260. 64 L. R. A. 260, 102 Am. St. Rep. 341, 69 N E. '1085, 1087, in regard to the right of a citizen to pursue his business without interference by a combination to destroy it: 'speaking generally, however, competition in business is permitted, although frequently disastrous to those engaged in it. It is always selfish, often sharp, and sometimes deadly'" Pickett v. Walsh, 192 Mass. 572, 116 Am. St. Rep. 272, 6 L. R. A. (N.S.) 1067, 78 N. E. 753.
5 Tuttle v. Buck, 107 Minn. 145. 131 Am. St. Rep. 446. 22 L. R. A. (N.S.) 599, 119 N. W. 946.
1 Employing Printers' Club v. Dr. Blosser Co., 122 Ga. 509, 106 Am. St. Rep. 137, 69 L. R. A. 90. 50 S. E. 353; Shinksy v. Tracey, 226 Mass. 21, L. R. A. 1917C. 1053, 114 N. E. 957; Brennan v. United Hatters. 73 N. J. L. 729, 9 L. R. A. (N.S.) 254, 65 Atl. 165.