Alexander v. Myers

In Alexander v. Myers, 219 So. 2d 160 (Miss. 1969), the supreme court upheld a jury award of $ 10,000. It found that the release obtained from the injured party, who had little more than a sixth grade education, and his 19-year-old wife, was procured through fraud. Alexander, 219 So. 2d at 160-63. Alexander was paid $ 125 to sign the release. The court held that the inadequacy of the amount paid to the appellee did not per se constitute fraud but "was a factor to be considered by the jury in determining whether or not the appellee was deceived and whether the appellee was satisfied in receiving only $ 125 in full and complete settlement of all his injuries, expenses, disability, pain and suffering." 219 So. 2d at 161. The court found that a clear cut issue of fact as to fraud and misrepresentation was presented by Alexander concerning the procurement of the release. 219 So. 2d at 162.