Wheeler v. Pannell

Mississippi Supreme Court

Wheeler v. Pannell

51 So. 598, 96 Miss. 382

Mississippi Supreme Court·Decided October 15, 1909·Published

Opinion

Whitfield, C. J.,

delivered the opinion of the court.

■ The testimony in this case malees it clear, as we think, that a very large part of the amount for which the jury returned a [386]*386verdict was furnished by Paimell for the completion of the crop of 1907, and was not furnished on the faith of the contract for the year 1908, and this necessitates a reversal. We •cannot assent to the contention that, under our laws on this subject, there must be a conviction for the crime as a condition precedent to the right to sue for the damages; but, for the error indicated, the judgment is reversed, and the cause remanded.

Reversed.

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Whitfield, C. J.,

delivered the opinion of the court.

■ The testimony in this case malees it clear, as we think, that a very large part of the amount for which the jury returned a [386]*386verdict was furnished by Paimell for the completion of the crop of 1907, and was not furnished on the faith of the contract for the year 1908, and this necessitates a reversal. We •cannot assent to the contention that, under our laws on this subject, there must be a conviction for the crime as a condition precedent to the right to sue for the damages; but, for the error indicated, the judgment is reversed, and the cause remanded.

Reversed.

Wheeler v. Pannell, 51 So. 598, 96 Miss. 382 (Mich. 1909).

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