Allen v. Molton, Allen & Williams Realty Co.

This is an appeal by plaintiff Bobbie Davis Allen from a summary judgment granted in favor of Molton, Allen Williams Realty Company, Inc. (hereinafter "Molton"), on plaintiff's claim for malicious prosecution. We reverse and remand.

Plaintiff's husband, W.D. Allen, allegedly gave D.O. Harden, vice president of commercial sales for Molton, an open listing to sell a building that Allen and his wife owned. There is a dispute as to what, if any, agreement was reached regarding the commission. Bill Gunn, a Molton employee, allegedly introduced the Allens to Howard Holt, who eventually bought the…