Whisenhunt v. Bates

CORNELIUS, Chief Justice.

Joe Whisenhunt sued James Bates to collect a promissory note. Bates filed a counterclaim seeking damages for fraudulent representations allegedly made by Whisen-hunt in connection with the execution of the note ancillary to a sale of land. Whi-senhunt obtained a default judgment originally, but the trial court set it aside on motion of Bates and later the entire case was tried to a jury. The jury found that Bates’ execution of the note was induced by three fraudulent representations of Whisen-hunt. Damages amounting to $400,000.00 were awarded, with Whisenhunt taking…