Tbe legal basis of plaintiff’s cause of action is wrongful, unlawful and unwarranted interference witb tbe contract of sale made by him witb John J. Knox.
It is a violation of a legal right, recognized by law, to interfere witb contractual relation, if there be no sufficient justification for tbe interference. Pollock on Torts, 12 ed., 332. A clear and comprehensive statement of tbe principle is found in Angle v. Chicago St. P. M. & O. B. Co., 151 U. S., 55, and is in tbis language: “Wherever a man does an act which in law and in fact is a wrongful act, and such act as may, as a natural and probable consequence of it, produce injury to another, and which in tbe particular case does produce such an injury, an action on tbe case will lie.” Tbe opinion cites Jones v. Stanly, 76 N. C., 355, and Haskins v. Royster, 70 N. C., 601, which bold tbat, if a person maliciously entices laborers or croppers to break their contracts witb their employer and desert bis service, tbe employer may recover damages against such person. And these cases further bold tbat tbe same reasons cover every case where one person maliciously persuades another to break any contract witb a third person.
Tbe trial judge nonsuited tbe plaintiff, and therefore tbe only question to be considered is whether or not there was any evidence of an unlawful and wrongful interference witb tbe contract of sale made by tbe plaintiff.
*517Tbe only evidence to .support the cause of action was the fact that the defendant tendered the money for the extension.privilege after the time expired, and that at the time of the tender the defendant’s agent said “I am going to get that timber.” There is no evidence that the defendant ever spoke to Knox or had Any communication with him whatever about buying the timber. Knox refused to buy because he did not want to “buy a law suit.” The defendant had a right to make the tender. Therefore it was not a wrongful act for him to do so. Even if it be conceded that the defendant made the tender with a malicious motive, then plaintiff would be in no better plight. “An act which does not amount to a legal injury cannot be actionable because it is done with bad intent. That the exercise, by one man of his legal right cannot be a legal wrong to another is a truism.” Biggers v. Matthews, 147 N. C., 299; Swain v. Johnson, 151 N. C., 93; Bell v. Danzer, 187 N. C., 224.
The principle is thus expressed: “An act which is lawful in itself and which violates no right cannot be made actionable because of the motive which induced it. A malicious motive will not make that wrong which in its own essence is lawful.” “If an act be lawful — one that the party has a legal right to do — the fact that he may be actuated by an improper motive does not render it unlawful.” Bell v. Danzer, supra.
Applying these principles of law to the facts in this case, it is clear that the defendant had a right to make the tender and to assert his claim in a lawful way. Therefore, the attempted tender of the money by the defendant could in no sense be construed as an unlawful and wrongful interference with the contractual rights of plaintiff with a third party. The judgment of nonsuit was properly entered.
Affirmed.