Hunt v. Sherrill

Concurring Opinion.

Smith, C. J.,

delivered a separately concurring opinion.

This is am action for deceit and the gist of such an action is damage, without which it will not lie. Hall v. Thompson, 1 Smedes & M. 443; Harris v. Ransom, 24 Miss. 504; Salter v. Aviation Salvage Co., 129 Miss. 217, 91 So. 340, 26 A. L. R. 987; Praetorians v. Thompson, 160 Miss. 85, 133 So. 228; 23 Am. Jur., Fraud & Deceit, Section 172; 37 C. J. S,, Fraud, Sec. 40.

The damage claimed in such an action in order to be recoverable must be such as the law permits in the class of transactions which include the transaction…