Sanders V. Day

JAMES, C.J. - Del Day admits that he falsely said, while in the presence of several others, that he and Irene Sanders had engaged in an act of sexual impropriety. Sanders joined Day and Midnight Sun Broadcasting, Inc. as defendants, alleging that Day made the slanderous utterance as Midnight Sun's agent. Midnight Sun denied that Day made the remark as its agent and moved for judgment summarily dismissing it from the suit. The motion was granted, and Sanders appeals.