King v. Manning
Mississippi Supreme Court
Appeal from circuit court of Union county. Hon. W. A. Roane, Judge. Suit by J. W. Manning against H. D. King. Judgment for plaintiff, and defendant appeals. The judgments should have been set aside and a new trial granted because there is no evidence to support the verdict of the jury. Before a verdict for damages should be allowed to stand, damages should have been proven ánd the proof should establish the damages with reasonable certainty.
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Appeal from circuit court of Union county. Hon. W. A. Roane, Judge. Suit by J. W. Manning against H. D. King. Judgment for plaintiff, and defendant appeals. The judgments should have been set aside and a new trial granted because there is no evidence to support the verdict of the jury. Before a verdict for damages should be allowed to stand, damages should have been proven ánd the proof should establish the damages with reasonable certainty. There is an entire absence of evidence to support the verdict of the jury in this case, and.a reversal of the case must necessarily follow. Payne,…
1Opinion of the CourtEthridge, J.
Manning brought suit against King for two hundred and seventy-five dollars for breach of warranty of a mule bought by Manning from King. Manning bought a pair of mules for five hundred and seventy-five dollars under a, *188warranty of soundness. One of the mules had a scar on the left fore foot from some injury which had resulted in a hardening of the cartilage of the ankle into a bony substance, which caused the mule to become lame when worked steadily at heavy work. The pair of mules was bought for lumber hauling and other heavy work. The testimony shoived that the mule could not do steady work…
2Cases cited3 opinions
- Stillwell, Bierce & Smith Vaile Co. v. Biloxi Canning Co.Mississippi Supreme Court · 1901
- Hambrick v. WilkinsMississippi Supreme Court · 1887
- Westmoreland v. WalkerMississippi Supreme Court · 1852