Johnston v. Zale Corp.

OPINION

ERBY L. JENKINS, Special Justice.

The plaintiff in the Circuit Court, Edd Johnston, sued the defendants for malicious prosecution. The trial court sustained a motion to dismiss and the plaintiff has appealed.

The pertinent portions of the complaint read as follows:

"4. On or about September 2, 1971, the defendant, Zale Corp., had certain problems in obtaining a correct balance at their Murfreesboro store. A representative of the home office of the defendant came to Nashville and relieved plaintiff from his work with Zale’s. Then, some two weeks later, the Zale Corp. instructed the…