Pickering

Action to recover damages for malicious prosecution. Judgment rendered in favor of defendant and plaintiff appeals. Appellant and her husband, John W. Pickering, were the owners of the Raymond Villa, a rooming-house in the city of Pasadena, together with the furniture therein. On February 16, 1920, they leased these premises to the respondent, and at the same time they sold to respondent all the furniture in said rooming-house, excepting certain specific articles. A written lease to the premises was executed by the parties and appellant and her husband also gave to respondent a bill of sale of the furniture sold. In the bill of sale the furniture reserved from the sale by appellant and her husband was particularly described and excepted from the sale. There was also a separate list of this reserved furniture, made out and signed by respondent and given to the Pickerings. It was agreed by the parties at the time, and so specified in writing, that the furniture reserved by the appellant and her husband should remain in the lodging-house until other furniture belonging to the respondent should arrive from the east. Respondent paid to the appellant and her husband for said furniture…