dissenting.
L. B. Plant and Plant Truck Service, Inc. were engaged in the business of "leasing trucks furnished with drivers to Watkins Motor Lines, Inc., the carrier defendant.” However, insurance had been purchased on all of these trucks involved in the leases with Watkins from the other defendant, Waco Fire & Casualty-Insurance Company. Hence, there were two sets of contracts involved here: the contracts involving the leases of the trucks to Watkins and the contracts involving the insurance on these trucks. Based upon a dispute by and between the plaintiffs and Watkins as to the activities of the plaintiffs all of the contracts (insurance as well as the leasing contracts) were either breached, nullified or rendered void. Whereupon plaintiffs sued Watkins and Waco, inasmuch as alleged, "both breached its contracts with Plant by failing to act in good faith.” Based upon the actions of the defendants, plaintiffs have sued for damages by reason of the acts of the defendants resulting from the breach of the contracts, interference with contractual relations, malicious conspiracy to injure one’s business, and in Count 2 for exemplary damages resulting from the malicious conspiracy of the defendants "to injure Plant’s business.”
A trial was held and a verdict was returned by the jury finding the defendants "guilty,” awarding plaintiffs general damages for certain losses and punitive damages in the amount of $75,000. Motions for judgment notwithstanding the verdict or in the alternative motion for new trial or reduction of damages were filed and denied. The defendants appeal.
While I agree that the leasing contracts were in all probability unilateral and unenforceable for want of mutuality, nevertheless I do not agree with the majority opinion and judgment in this case directing that the court *894below enter judgment in favor of the defendants.
I call attention to the fact that there are two sets of contracts involved here, the so-called contracts of lease of the various trucks and the insurance contracts insuring the vehicles. The opinion as written deals only with the alleged unilateral contracts of lease as being unenforceable, but holding the plaintiffs were not entitled to recover for unlawful interference with plaintiffs’ business in cancelling all of the contracts, insurance and otherwise. The insurance contracts were enforceable, and there was an issue of fact as to whether or not they were properly cancelled. The plaintiffs have shown evidence of an alleged conspiracy to interfere with plaintiffs’ business as to the method in which these contracts were cancelled. See Dale v. City Plumbing &c. Co., 112 Ga. App. 723 (1), 727 (146 SE2d 349); Luke v. DuPree, 158 Ga. 590 (124 SE 13); Cook v. Robinson, 216 Ga. 328, 329 (116 SE2d 742). I therefore cannot agree with the opinion as written directing that the court below enter judgment in favor of the defendants on the theory that there were no enforceable contracts existing between the parties authorizing the plaintiffs to sue. The suit was predicated on an alleged conspiracy to interfere with plaintiffs’ business in breaching all of the contracts. Not all of the contracts were unenforceable, and it is clear that the insurance contracts were not cancelled in accordance with law. See Canal Ins. Co. v. Lawson, 123 Ga. App. 376 (1), 378 (181 SE2d 91); Ga. Farm Bureau Mut. Ins. Co. v. Gordon, 126 Ga. App. 215, 216 (190 SE2d 447); American International Life Ins. Co. v. Hartsfield, 147 Ga. App. 213, 215 (4) (248 SE2d 518). However, it is quite clear from the way in which the jury was authorized to consider the case that it was allowed to consider the same based on the breach of all the contracts. Hence damages were shown flowing from loss of business resulting from cancellation of the operating contracts (unilateral) which were commingled with the alleged damages resulting from the alleged destruction of plaintiffs’ business arising out of the conspiracy and breach of the insurance contracts.
It is therefore my opinion that a new trial should be ordered. Clearly, the jury considered the case based upon the violation of the unilateral contracts as well as the *895valid mutual insurance contracts. Erroneous instructions to the jury also resulted. The judgment is also based upon damages arising from computations as to business losses connected with the unilateral contracts which the defendant Watkins was not required to carry out with reference to the trucking activities.
I therefore respectfully dissent.
I am authorized to state that Chief Judge Deén, Judge Smith and Judge Carley join in this dissent.