43-17-104 - Special right of action in owner of pecans sold without consent. - Tennessee Statutes

43-17-104. Special right of action in owner of pecans sold without consent.

In addition to the punishment provided in § 43-17-103, and either before or after, and with or without, criminal prosecution as provided for in § 43-17-103, the owner of any pecans that are sold by another without the owner's consent can maintain and recover of any person buying the pecans, who fails to comply with §§ 43-17-101 and 43-17-102, a penalty of two hundred fifty dollars ($250), to be recovered by a civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any pecans, sold to any person without the owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase, as provided in this chapter.

[Acts 1947, ch. 174, § 4; mod. C. Supp. 1950, § 5755.31 (Williams, § 5753.17); T.C.A. (orig. ed.), § 43-1904.]