Farwell v. Southern Products Co.
Farwell v. Southern Products Co.
Opinion of the Court
Appellee plaintiff brought an action on account against appellant defendant seeking recovery for the balance of the purchase price of a number of cases of textile fabrics in the amount of $15,733.83, of which $348.18 was interest. The defendant answered, claiming that he was entitled to a credit of $5,193 because the shipment contained textiles other than polyester/cotton fabrics when he had ordered only polyester/cotton fabrics. Plaintiff’s evidence was to the effect that while the goods were being loaded, the defendant, after the polyester/cotton fabrics had been exhausted, requested that other textile fabrics be loaded. The jury found for the plaintiff in the amount of $12,692.82 principal plus interest. The only
1. The testimony of the witness was not subject to the objection made, as the witness did not testify as to which of the cases were polyester/cotton and which of the cases were other types of fabrics. She merely testified showing the purpose of the writings on the margin was to identify the fabrics.
2. When the document itself was tendered in evidence, defendant made the following objection: "If Your Honor please, I believe this Exhibit P-1 of Southern Products is a listing of certain merchandise by cartons, showing the yardage, and over here on the right hand side and on the face of this is certain memoranda in ink on the various pages; we want to object to this document on the ground that it would be better and higher evidence in which these figures were taken from a shipment in which this company received, therefore, it’s irrelevant and immaterial and the documents in which they were recorded from would be the best and highest evidence.” (Emphasis supplied). This objection was insufficient as an attack on that portion of the document relating to the writings identifying the type of fabric for two reasons: (1) It was an objection to the document as a whole, and (2) it was an objection to the figures contained thereon rather than the writings identifying the fabric. The document and the figures thereon identifying the cases
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.