Rhyne v. H & B MOTORS

This is an appeal from a judgment based on a directed verdict entered at the close of the evidence against the plaintiff, Harvey Rhyne a/k/a Harvey Tackett (hereinafter "Rhyne"), and in favor of the defendants, H B Motors, a partnership, and Johnny Wayne Borders, in an action for malicious prosecution. We reverse and remand.

On August 9, 1985, Rhyne purchased a 1974 Pontiac Grand Prix automobile from the defendant, H B Motors. Rhyne paid $100 down and agreed to pay the balance of $824 in weekly installments: $75 on August 16, 1985, and $250 each week thereafter. Rhyne received a bill of sale…