Beaurline v. Smith

OPINION

NYE, Justice.

This is a suit for recovery of a real estate commission by the plaintiff Prescott M. Smith. The defendants, A. W. Beaur-line, L. A. Beaurline and Mathilda Beaur-line, hereafter referred to as “appellants”, answered and filed a cross-action alleging in effect, malicious prosecution, and seeking thereby actual and exemplary damages against the plaintiff and a third party defendant, Frank Theser. Summary judgment was granted by the trial court awarding plaintiff his commission and denying appellants any relief on their cross-action against plaintiff and Theser.

Appellants…