Coker v. Brevard
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Mrs. Brevard, the appellee, was plaintiff in the court below; Coker, the appellant, and others were defendants there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
Read the full summary
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Mrs. Brevard, the appellee, was plaintiff in the court below; Coker, the appellant, and others were defendants there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The appellee, having a government contract for carrying the United States mail over a star route, entered into a written subcontract with one Hillerman by which he agreed to carry the mail over the route for a term of years, she agreeing to pay him therefor $550 per annum. This subcontract was in the form of a bond with…
1Opinion of the CourtWhiteield, C. J.
We think the court, in the light of modern authorities in this state and elsewhere, erred in construing the $800 to have been fixed as liquidated damages, and not as a penalty. See Bright v. Rowland, 3 How. (Miss.), 398. So far as the defense of drunkenness is concerned, the jury have settled that;' and, there being evidence to support their finding, we would not be warranted in interfering with it.
The judgment of the court beloiv is reversed, and the cause remanded.
2Cited by1 opinion
- Shields v. EarlyMississippi Supreme Court · 1923