Forrester v. Lawson
Forrester v. Lawson
Opinion of the Court
On November 18, 1912, the defendant entered into a contract with the plaintiff whereby the
Defendant pleaded the general issue and gave notice of recoupment, alleging that the tile had not been laid in a workmanlike manner, and that the floors were uneven and not level, and as a result the defendant had suffered damage necessitating the doing over of the work. On the trial after the proofs were in the trial court directed a verdict on motion made by plaintiff’s attorney.
Appellant’s assignments of error are practically based on the refusal of the court to admit the testimony of one Clinton Brown, a witness produced by the defendant, who testified that he was a building contractor and had some experience in laying tile floors. He was asked to state what it would cost to put the job in dispute, which he had examined, in a good and workmanlike condition, and also to state why, in his opinion, the floor was not level, which evidence was ruled out by the court. It is the claim of the plaintiff’s counsel that the rulings were correct because it appeared from the record that the witness had not examined the work until two years after it had been completed, and it did not appear that he ever knew the value of the materials used or the cost of these floors; nor was it shown that it was necessary to re-lay them.
We do not think that there was error in excluding this testimony because it appears that he stated that
A proper foundation was not laid for the testimony of the witness Brown, and, there being no material disputed question of fact, the verdict was properly directed, and the judgment is affirmed.
Reference
- Full Case Name
- FORRESTER v. LAWSON
- Status
- Published