Masterson

The plaintiffs in this action are John Master-son, John Reddy and John Nelson, suing individually and as partners doing business under the partnership name of Masterson, Reddy and Nelson. The defendants are Pig’n Whistle Corporation and two of its officers and directors, John E. Savage, President, and August J. O’Connor, Secretary. The action is for damages for malicious prosecution of a suit for breach of contract. In a jury trial, plaintiffs were awarded damages against all defendants in the sum of $48,341.29. Defendants appeal from the judgment entered upon the verdict and the denial of their motion for judgment notwithstanding the verdict.

In the fall of 1950, plaintiffs were engaged in the business of originating, producing and distributing radio and television programs in the Los Angeles area. They developed a television show called “Animal Fair,” featuring trained animals, and offered it to Ad Associates, Pig’n Whistle’s authorized advertising agency, for sponsorship by the corporation. Negotiations were carried on between John Nelson, on behalf of the partnership, and Gordon Horney, representing the agency. On October 31, 1950, the board of directors of Pig’n Whistle…