Mississippi Power & Light Co. v. Pitts

Griffith, Jr.,

delivered the opinion of the court.

When this case was before us on the former appeal, Pitts v. Mississippi P. & L. Co., 177 Miss. 288, 170 So. 817, it was urged by the power company that because Pitts had contended in the federal district court, on his motion to remand to the state court, that the action was one solely in tort and had procured the federal court to take that view, whereby the power company, as it is alleged, was deprived of its right to a trial in that court, he was estopped thereafter from urging in the state court any contract feature; that he had elected to…