The Montgomery advertiser., 1906-06-03

II. weakley c. J.. Tyson and simpson. JJ.. concur.
 SHANNON V. SIMMs.
 Malicious prosecution.-Decided April
 10, Is06.-(40 So. Rep. 574) 1. Appeal; review; harmless error- An affidavit signed by person not party to the suit is not admissible in ant authorized. the making of the af fidavit. or that the signer acted for the defendant; but the admission of such an affidavit Is harmless error where the evidence afterwards tended to show that defendant authorized or ratified the action of the person mak- ing it.
 docket: admissibillty.--The entries upon the grand jury docket showing their action in the criminal prosecution, were admissible as tending to show termination of the prosecution. 8. Criminal law; affidavit:ssuflcien cy.--An affidavit as the basis of a criminal prosecution. that falls to aver that the affiant had probable cause for believing that the offense had been committed. IS void.
 {. Malicious prosecution; commence ment of prosecution; ratification. A person who either authorized or rati- fled the act of another in making void afidavit. as the basis of a crim inal prosecution. is liable in an action of malicious prosecution.
 B. Same: defenses: guilt of plain tiff. In malicious prosecution and false im prisonment, based on void affidavit, the defendant may show in mitigation of damages under the false imprison- ment court. and in justification of the court for malicious prosecution. that the defendant was guilty of the charge preferred
 G. Larceny; property subject; mort gages Mortgages may be the subject of larceny under Code 1896. Section D. 04a, 5,050 and 5,052.
 r Malicious prosecution; evidence: directing verdict.--Where there was evidence tending to show that the de- fendant neither authorized the making of the affidavit nor ratified the action of the person making it, the affirmative charge for the plaintiff was improper, although the affidavit was void. and the arrest of the plaintiff was unlaw- full.
 sel When one submits all the facts to m attorney and instituted the prose- cution upon his advice, 1t Is complete defense to an action for malicious 'e. Same; liability; acquiescence.--A person who merely acquiesces by silence in the commencement of prosecution cannot be held liable for malicious prosecution.
 i0 False imprisonment; damages; mental suffering Mental suffering is an element of damages in an action for false Imprisonment.
 Appeal from Walker Circuit Court
 Heard before Hon. A. H. Alston.
 Reversed and remanded Opinion by Anderson, J.
 Weakiey. c. J.. Tyson and simpson. JJ., concur.
 HIGGINS MFG CO " PEARSON. Assumpslt --Decided April 1O,1soe.--(4o
 So. Rep. 579)
 i. Contracts; building contracts; construction.--A contract by which plaintiff agreed to construct and place for defendant certain wire screens ana doors, payment to be made "on satis- factory completion of the work. means that satisfaction required as con dition of payment related to the man ner of the execution of the contract and not to the satisfaction or dissatis- faction of defendant with his selection ot the materials to be furnlsheo anu the work to be done.
 Satne~-Under a contract providing. for payment "on satisfactory comple- ton of the work" the party cannot capriciously reject the work. but ms dissatisfaction must be In good ialth and for good cause shown
 & Same; substantial performance;-- Where by the terms of the contract the SC reen and door wire were 10 pc oroh1s wire fitted with Laramie cnecks, an. dna bronze hardware. and 1t appeared that the wire furnished was steel wire "hronzed." worth only about one-fifth AS much as bronze wire. and that the hardware was bronZed, and the checks supplied were not Laramie cheeks there was not such a substantial com pliance with the contract as to enaole inc contractor to recover on 1t.
 A. Work and labor; building con- tracts; non performances acceptance The contractor may recover on the com mon counts for work and materials furnished, where there has been no abandonment of the contract without good cause, although the contract was not completed. if. either expressly or impliedly, the owner of the building accepted the work.
 B. Same; non-acceptance.- Under a contract requiring the furnishing and fitting in of certain screens. where the screens furnished and fitted did not comply with the contract. and the own CT repeatedly requested the contractor to remove them. which the contractor failed to do, no duty rested on the de- fendant to remove them and his failure to remove them did not constitute an acceptance so as to entitle the contrac- for to recover for materials furnished and work done. in furnishing and fit ting in the screens.
 Appeal from Birmingham City Court
 Heard before Hon. C. w Ferguson.
 Affirmed opinion by Tyson. J.
 Weakley. c. J., Simpson and Ander-