MacK v. Riley

Shaw, Judge;

This is an action for malicious prosecution by respondent Roy B. Mack and for conversion by appellant Robert E. Riley. The jury awarded $2,000 in actual damages to respondent Mack and found against appellant Riley. We reverse in part and affirm in part.

This lawsuit grew out of an oral contract the terms of which are disputed. According to Mack, Riley hired him and his partner to cut and remove trees from Riley’s yard. Mack claims he and Riley agreed that Mack and his partner would cut down sixty-five trees for twenty dollars per tree and that Mack would receive $1,300 directly…