Wutzke v. Wayne Lee's Grocery & Market, Inc.

BRADY, Justice:

Appellant, H. W. Wutzke, filed suit in the Circuit Court of Jackson County against appellee, Wayne Lee’s Grocery and Market, Inc., for malicious prosecution. At the conclusion of appellant’s evidence, the trial court sustained appellee’s motion for a directed verdict, and from this action the present appeal is prosecuted. The facts essential to the determination of this appeal are as follows.

Appellant purchased groceries from ap-pellee on May 22, 1964, in the amount of $37.81. Appellant at the time of the purchase requested credit from Wayne Lee, president of appellee…