J. C. PENNEY CO. v. REYNOLDS

No. 5353.

329 S.W.2d 104 (1959)

J. C. PENNEY COMPANY et al., Appellants, v. John L. REYNOLDS et ux., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 2, 1959.


Attorney(s) appearing for the Case

Turpin, Kerr & Smith, Max N. Osborn, Midland, for appellants.

George M. Kelton, Odessa, for appellees.


FRASER, Justice.

This is an appeal from a judgment awarding the appellees the sum of $2,000 in a case alleging malicious prosecution and false imprisonment. The case was tried to a jury. The facts, generally speaking, are as follows: Appellee had, in the summer of 1955, given a check to defendant, J. C. Penney Company, for the sum of $6.54. This was final payment on a lay-away plan for merchandise which she took home with her upon the store's acceptance of the check...

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