Williams v. Wyrick

The principal question in this case is whether a trial court has authority to render judgment nunc pro tunc on a special issue verdict after the term of court at which the verdict was returned had expired, no judgment having been rendered during that term.

The respondent, Wyrick, sued the petitioner, Williams, for damages for breach of an oral contract for the sale and purchase of tomato plants and tomato seed. The allegations of his petition would have supported a judgment for $1941.23, but his prayer for recovery was for $1851.23. The jury in answer to a special issue assessed his damages at…