Davis

On July 1, 1930, a judgment was obtained in the superior court by plaintiff against defendant for the sum of $1,000 for malicious prosecution. Motions for nonsuit and for a directed verdict were made by defendant and denied by the court. The defendant appeals and treats his grounds of appeal under four divisions, which will hereinafter be treated separately as presented in his opening brief.

The facts upon which the action is based are as follows: On the fourteenth day of July, 1929, appellant, as an automobile merchant, sold respondent a second-hand automobile on the usual installment plan, appellant retaining title until full payment of purchase price. The purchaser represented that he resided at 1629% Acacia Street, Los Angeles, was employed at the Terminal Garage and had an income of $230 per month. Eight days thereafter he went to appellant’s establishment to take up a post-dated check and to request some repairs on the car under the guarantee. Appellant claimed the guarantee did not cover such repairs, and it would seem gave respondent little attention. Respondent left but returned in a few days to request a credit of $14.65, the sum he had paid for such repairs. Appellant…