Hamilton v. Hastings
Hamilton v. Hastings
Opinion of the Court
The question at issue in this case was whether the defendant had given an open order for the lumber in suit to A. M. McClain, which the latter turned over to the legal plaintiffs, or whether there was a special contract whereby A. M. McClain agreed to furnish lumber to cover what might be due defendant for money advanced to A. M. McClain & Co., on account of lumber which had been ordered from the Crawford mill but not delivered. The evidence — relating to the Crawford Mill contract, how far the same had been executed, the circumstances connected therewith, and the state of the accounts be
Neither of the remaining specifications of error involves any question that requires discussion, or even special notice. They are all dismissed.
Judgment affirmed.
Reference
- Full Case Name
- Thomas B. Hamilton, Austin M. McClain, S. Austin Brew and George T. Brew, doing business as Brew, McClain & Co., for use of The Warn-McClain Co. v. John M. Hastings
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Contract — Evidence—Relevancy of evidence. In an action by a partnership to recover the price of lumber, where defendant alleges that he did not buy the lumber from the plaintiff, but from another firm, and that the person who made the sale to him was a member of both firms, but had made the sale for the second firm in consideration of defendant’s releasing it from another contract, evidence relating to that contract, how far the same had been executed, and the state of accounts between defendant and the second firm are admissible for the purpose of showing circumstances tending to make the proposition advanced by the defendant more or less probable. In such cases much latitude must necessarily be allowed in the admission of corroborating testimony.