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IN THE COURT OF APPEALS09/17/96 OF THE STATE OF MISSISSIPPI NO. 93-CA-01037 COA

DAWKINS & COMPANY APPELLANT v. L & L PLANTING COMPANY, JAMES P. LOVE, JR., THE ESTATE OF J. P. LOVE, THE ESTATE OF CLYDE GOSNELL, LOVE & LOVE FARMS, INC., J. P. L. FARMS, INC. AND GOSNELL FARMS, INC. APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. GRAY EVANS COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: L. CARL HAGWOOD ATTORNEY FOR APPELLEE: JOHN WILLIAM BARRETT NATURE OF THE CASE: BREACH OF CONTRACT TRIAL COURT DISPOSITION: J.N.O.V. GRANTED FOR DEFENDANT MOTION FOR REHEARING FILED:8/14/97

BEFORE FRAISER, C.J., COLEMAN, AND SOUTHWICK, JJ. SOUTHWICK, J., FOR THE COURT:

Dawkins & Company received a jury verdict in its suit for breach of a contract for the forward sale of cotton. The Defendants, collectively "L & L Planting," successfully moved for a judgment notwithstanding the verdict. Dawkins contends that the trial court erred in setting aside the verdict. We affirm, concluding that the trial court properly granted the J.N.O.V. Because of our disposition of this case, we do not address Dawkins' separate contentions concerning its entitlement to prejudgment interest. FACTS After doing business with each other for several years, Dawkins and L & L Planting made an agreement concerning the forward sale of cotton during 1986 through their respective principals, H. L. "Jim" Dawkins, Jr. and J. P. Love, Sr. Love called Dawkins on August 22, 1986, and agreed to sell cotton at 55.95

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