Davis v. Pezel

On July 1, 1930, a judgment was obtained in the superior court by plaintiff against defendant for the sum of $1,000 for malicious prosecution. Motions for nonsuit and for a directed verdict were made by defendant and denied by the court. The defendant appeals and treats his grounds of appeal under four divisions, which will hereinafter be treated separately as presented in his opening brief.

The facts upon which the action is based are as follows: On the fourteenth day of July, 1929, appellant, as an automobile merchant, sold respondent a second-hand automobile on the usual installment plan,…