“In actions of slander for words not in themselves actionable, the right to recover depends upon the question whether they caused special damage, and the special damage must be fully and accurately stated.” Sutherland Code Pleading & Practice, Vol. 3 p. 2389, § 3954.
Special damages must be alleged “where the defamation is of such a character that the court cannot see that its tendency and effect would he to defame or degrade the plaintiff or to render him odious or contemptible.” 18 Am. & Eng. Enc. of Law, 867; 25 Cyc. 453-454 and 455.
Christianson, J. This is an action for libel. The complaint alleges that the plaintiff is and for a long time has been a resident of the village of Rolette, in Rolette county, in this state; that the defendant caused to he published of and concerning the plaintiff the following statements in the Rolette Record, a newspaper of general circulation published in said village of Rolette, to wit: In the January 28, 1921, issue of said newspaper:
“In looking over the bills for hauling gravel that were presented to the board of county commissioners, for their approval, I was surprised to see that Mr. D. W. Leonard was paid at the rate of $1.50 per yard while on my bill for the same kind of work, it was not stated at what rate I was paid. The fact is that when Mr. Seltum engaged me for this work, I was 1old that $1.00 per yard was what he was paying every one for hauling gravel; my loads were hauled further than Mr. Leonard’s and still I got $.50 less a yard. It seems to me that either Mr. Seltum must have ‘forgot’ when he told me that price, or else he had one price for I. V. A. haulers and another price for N. P. L. haulers; besides there the gravel I hauled for the county was needed, and was put in a grade where it would better the road, there was a great deal hauled in Mr. Seltum’s district that did not improve the road—in fact—made it worse for several months to come. What does the average voter think of this way of spending the county funds?
“(Signed) Louis P. Roberge.”’
And in the February 25, 1921, issue of said newspaper:
“Oh, the article I put in the paper fit D. W. Leonard because he does all the howling and tells falsehoods in that he says he does things with all fairness; well he must say it himself, because nobody else will. D. W. Leonard is a rich enough man to not farm his own land. Of course
