OPINION
NYE, Justice.
This is a suit for recovery of a real estate commission by the plaintiff Prescott M. Smith. The defendants, A. W. Beaurline, L. A. Beaurline and Mathilda Beaurline, hereafter referred to as "appellants", answered and filed a cross-action alleging in effect, malicious prosecution, and seeking thereby actual and exemplary damages against the plaintiff and a third party defendant, Frank Theser. Summary judgment was granted by the trial...
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