Vernon Lee Hanes v. Twin Gable Farm

Jack P. Pritchard, Presiding Judge About March 15, 1976, plaintiff purchased from defendant an Angus bull, Farview 323 7403538 for $1,100. He filed his petition alleging fraud in the misrepresentation that Farview was a good breeder, capable of raising weaning weight and overall weight, and further that the bull was not a good breeder, but was and is sterile. Trial of the case was had before a jury which returned a verdict for $10,000 actual and $2,500 punitive damages. The trial court, then the Honorable James S. Stubbs, set aside the verdict for actual damages and ordered a new trial on that issue alone. It is said in the briefs, and was stated in oral argument, that the verdict for punitive damages was satisfied by defendant, so no issue is presented thereon. Retrial of the actual damage issue was had to the trial court sitting without a jury, and resulted in a judgment for plaintiff for $130.13, finding that plaintiff's proof was insufficient with respect to his claims for lost calf crop, herd imbalance and incidental expense damages. Plaintiff here claims that the finding was in error in that he showed by competent evidence and with reasonable certainty that he sustained such loss as a result of fraudulent misrepresentation, and the damages were shown in the precise amount.