Johnston v. Stinson
| Citation | 418 So.2d 805 |
| Decision Date | 18 August 1982 |
| Docket Number | No. 53393,53393 |
| Parties | Jack JOHNSTON, Appellant as Realigned, v. Mrs. Mary Kathryn Ellis STINSON and Glen A. Stinson, Appellees as Realigned. |
| Court | United States State Supreme Court of Mississippi |
Johnson & Johnson, Forrest A. Johnson, Jr., Natchez, for appellant.
Zuccaro, Riley, Pintard, Brown & Carby, J. Walter Brown, Jr., Joseph S. Zuccaro, Natchez, for appellees.
Before WALKER, P. J., and BROOM and ROY NOBLE LEE, JJ.
This is an appeal from the Circuit Court of Adams County wherein judgment was entered in favor of Johnston, appellant as realigned, for $19,560.13 in actual damages. He had also asked for punitive damages, but the court directed a verdict against him on that issue as well as crop loss. Aggrieved with the court's ruling as to damages, Johnston has perfected his appeal to this Court.
The Stinsons have filed their cross-appeal contending that no judgment in any amount should have been rendered against them.
We affirm on direct appeal and reverse and render on cross-appeal.
On April 7, 1980, Johnston filed a declaration against the Stinsons for tortious conversion of certain farm equipment. He sought $704,083.50 in actual and punitive damages.
Johnston and the Stinsons had entered into a lease agreement whereby Johnston agreed to lease certain farm land belonging to the Stinsons for a five-year period. A security agreement and sales contract were entered into wherein Johnston agreed to purchase various pieces of farm equipment from the Stinsons. The agreements provided, among other things, that Johnston would carry not only liability insurance but that he would insure all farm equipment covered by the sales contract against risk of loss up to the full insurable value of each item.
It is undisputed that Johnston only insured what he termed "rolling stock" amounting to approximately one-half the value of the equipment with no coverage whatsoever on the remaining equipment. The failure to secure adequate coverage as provided for within the terms of the lease and sales agreements, as well as failure to comply with numerous other provisions, was called to Johnston's attention several times by Stinson. It can hardly be disputed that there was a material breach of the contract committed, giving Stinson the right to repossess the equipment covered by the agreement.
Numerous questions are raised on direct and cross appeals. However, it is not necessary for us to reach any other question raised since a breach of the contract was committed by Johnston so as to give Stinson the right to retake the farm equipment covered in their sales contract.
As previously stated, it is undisputed...
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...Code 1972, § 75-9-503 (current through end of 2002); U.S.C.A. Const. Amend. 14. As to conversion, the Court held in Johnston v. Stinson, 418 So.2d 805 (Miss., 1982) that when repossession was done "peacefully and in accordance with statute, there was no conversion." Defendant, American Lend......
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...729-30, 272 S.E.2d 500 (1980); Ford Motor Credit Co. v. Neiser, 196 Ill. App. 3d 515, 527, 554 N.E.2d 322 (1990); Johnston v. Stinson, 418 So. 2d 805, 806 (Miss. 1982); McCall v. Owens, 820 S.W.2d 748, 751 (Tenn. App. 1991). However, these cases do not hold that under statutes similar to K.......
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Johnston v. Stinson
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