¶1concurring with reservation:
¶2I concur, with the following reservation. Defendants made no objections to jury instructions which defined “improper purpose” and “privilege” but which instructions did not state that the transmittal of truthful information was a defense to an “improper purpose.” Nor did defendants make any request for an instruction to that effect. It was not until after the trial, in motions for judgment notwithstanding the verdict or for a new trial, that defendants first asserted in the trial court that the giving of truthful information should not be the basis of an improper purpose.
¶3We therefore are foreclosed from considering on this appeal whether our decision in Leigh Furniture & Carpet Co. v. Isom, 657 P.2d 293 (Utah 1982), should be limited by our adopting section 772(a) of the Restatement (Second) of Torts, as urged by defendants. I would be willing to consider that issue when it is properly before us in a future case.