Jewell v. Jackson & Whitsitt Cotton Co.
Jewell v. Jackson & Whitsitt Cotton Co.
Opinion
Jake Jewell, plaintiff below, appeals from an amended decree entered by the trial court after remand by this court following appeal by him from original decree. The decree now appealed from purports to award Jewell damages against defendant below, Jackson Whitsitt Cotton Company, a Copartnership. It also ordered return of 30,472 pounds (127 bales) of cotton to him upon payment of thirty-five cents (35¢) per pound therefor by Jackson Whitsitt.
For the genesis, nature and history of the litigation to 8 May 1975 see Jewell, supra. In that opinion this court found the trial court misapplied the law to the facts; Justice Merrill writing:
"* * * the court erred in requiring that `a total amount of cotton, amounting to 690 pounds multiplied by 142.6 acres' be turned over to appellee by Jewell. Instead, the decree or order should provide that the 143 bales of cotton produced on Jewell's cotton allotment acreage (142.6 acres) be adjudged as the performance and settlement in full by Jewell under the contract in issue, and that the remaining 127 bales produced on the 140 additional acres be adjudged free of any claim by appellee."
"I am going to review the contentions of the parties and I will enter an order thereafter; that order will either order an evidentiary hearing or it will deny an evidentiary hearing and you will [be] notified as to the date it will be set for."
Subsequently, without an evidentiary hearing, the amended decree was entered which ordered that Jackson Whitsitt return to Jewell 127 bales of cotton for which Jackson Whitsitt was to receive remuneration of thirty-five cents (35¢) per pound from Jewell. The trial court further ordered:
"That the said defendant, Jackson Whitsitt Cotton Co., is ordered to pay to the Plaintiff a sum equal to the difference in the average price per pound of cotton of the same grade and quality as the cotton which is the subject of this law suit on May 14, 1974, and on August 7, 1975, multiplied by 30,472 pounds, together with the interest on said sum computed from May 14, 1974, to this date at the rate of 6% per annum."
Jewell asserts error in the entry of judgment containing that order. We reverse.
The amended decree falls far short of the above stated criteria for a final judgment, conclusive and certain in itself. After remand no evidence was taken of market prices showing damages sustained that would enable the trial court to fix them in an amount certain. The trial court's amended decree arbitrarily set dates as being those from which damages should be measured. No evidence was adduced concerning the dates of events involved in this controversy that would facilitate the trial court's determination of pertinent market prices to be employed in computing damages as of those relevant dates — dates of injury under the law. The trial court merely recorded what the parties wished to be allowed to prove, as expounded by their attorneys. The court subsequently "awarded damages," but did so without any evidence as to what those damages were and by what measure they were to be assessed. By the terms of the amended decree the parties were free to go and seek to determine the sum of these damages. Findings as to the dates of injury and pertinent market prices so necessary to assessment of damages may not be left for the parties to determine. To do so would cause the judgment to depend upon facts extrinsic to the record. Such a judgment is not one for sum certain damages amounting to final and certain determination by the court of all matters considered respecting damages. A hearing should be conducted at which evidence can be received on these questions.
Damages for breach of contract are awarded a party for the purpose of returning that party to the same position he would *Page 626
have occupied if the contract had not been violated. Geohaganv. General Motors Corp.,
The amended order of the trial court is not a final judgment complete and certain in itself and is reversed and remanded for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED.
HEFLIN, C.J., and BLOODWORTH, FAULKNER and ALMON, JJ., concur.
Reference
- Full Case Name
- Jake Jewell v. Jackson Whitsitt Cotton Co., Etc.
- Cited By
- 66 cases
- Status
- Published