Priest v. Avent

The appellant, Bobby Carroll Priest, a minor, by his father, C. H. Priest, as next friend, filed suit for damages for malicious prosecution against John Edward Avent. At the conclusion of all the evidence, the trial court granted a directed verdict for the defendant, ap*205pellee Here. From this judgment the appellant prosecutes this appeal.

The record reflects that on July 16, 1954, the appellee Avent purchased a watermelon from the appellant which was represented to be ice cold; that the appellee carried the melon home, cut it, and found it to be hot; that he returned the melon to the truck…