79-19-59 - Liquidated damages may be recovered.
§ 79-19-59. Liquidated damages may be recovered.
If such cooperative marketing association recover judgment as plaintiff in replevin and the property sued for be agricultural products and the plaintiff's right to the possession thereof as against the defendant be by virtue of a marketing agreement with a member of such association and the defendant has bonded the property within two (2) days after its seizure in replevin, the plaintiff shall, in addition to the judgment now provided by law, recover as an element of damages, of the defendant and the sureties on his bond, for the wrongful taking and detention or the wrongful detention of the property, a sum equal to such damages as the plaintiff could have recovered of such member of the association as liquidated damages under the marketing agreement, for the breach thereof by wrongful detention or disposal of said property by the member.
Sources: Codes, 1930, § 4128; 1942, § 4523; Laws, 1934, ch. 275.