Anderson v. Warrick

Decided July 1, 1883

Mississippi Supreme Court · decided 1883-07-01

Suit by appellee, Warrick, against appellee, Mrs. E. M. Anderson, for damages for breach of a contract. Erom a verdict and judgment for plaintiff for $1,105.85 defendant appeals. On February 9, 1881, Mrs. E. M. Anderson made a contract, in writing, with D. O. Warrick to manage and control her plantation, and for his services agreed to give him the use of one hundred acres of land and tbe dwelling bonse on tbe place. Tbe contract was for five years.

Decided 1883-07-01

¶1Opinion.

Campbell, C. J.:

¶2The verdict in this case was grossly excessive, and is unaccountable, except on the supposition of a misconception of the rights of the parties. The counsel for the appellee propose to remit all of the sum adjudged to him except $500.

¶3It is discretionary with this court to enter judgment here upon' a remittitur, or to remand the case for a new trial, and, in the exercise of this discretion, we decline to enter judgment now for $500, because it seems to us that the appellee is not entitled to rcover so much as that.

¶4 *319The judgment will he reversed, and tbe cause remanded for a new trial, unless the appellee will remit all but $300, upon doing which he may have judgment here for that sum.