36-3-404. Measure of damages when defendant over sixty years of age.

In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.

Acts 1949, ch. 161, § 4; C. Supp. 1950, § 8462.4 (Williams, § 9720.8); T.C.A. (orig. ed.), § 36-704.