Mississippi Power Co. v. Bennett

Ethridge, J.,

delivered a dissenting opinion.

I am unable to agree with the opinion of the majority in this case. As I understand it, they base their opinion upon the theory that the plaintiff was entitled to a peremptory instruction under the common-law count, and they eliminated from their consideration the count under the Blue Sky Law.

I do not think the plaintiff’s statement and the evidence of his witnesses warranted the inference of fraud in procuring the contract..

I am of the opinion that, even if fraud was sustainable under the evidence, when the certificate of stock was delivered to the…