Legal Opinion

Ray Prather, Cross-Appellant v. Carey Prather, D/B/A Mallard Farms, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided July 7, 1981No. 80-3332PublishedCited by 13 opinions

1Per curiam

Defendant-appellant brings this appeal from a final judgment entered pursuant to a jury verdict holding him liable to plaintiff-appellee for breach of contract and assessing damages at $9,302.00. The issue before us is whether the trial court erred by allowing third-parties to testify concerning statements made to them by plaintiff about the terms of his employment agreement with defendant. For the reasons discussed below, we hold that the admission of this testimony was prejudicial error, and therefore reverse and remand for a new trial.

I

In 1975, Carey Prather, defendant-appellant, hired Ray…

2Cases cited2 opinions

  1. United States v. Alfred Ponticelli, Civ. A. 77-3785Court of Appeals for the Ninth Circuit · 1980
  2. Executive Employment Service, Inc. v. Executives Unlimited, Inc.District Court, E.D. Pennsylvania · 1960

3Cited by13 opinions

  1. United States v. George Jackson and James JacksonCourt of Appeals for the Seventh Circuit · 1986
  2. United States v. Carl Veltmann and Christopher VeltmannCourt of Appeals for the Eleventh Circuit · 1993
  3. United States v. Anthony Leonard ScrimaCourt of Appeals for the Eleventh Circuit · 1987
  4. Rock v. Huffco Gas & Oil Co.Court of Appeals for the Fifth Circuit · 1991
  5. Rock v. Huffco Gas & Oil Co.Court of Appeals for the Fifth Circuit · 1991

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