Walker v. Fields
Supreme Court of Georgia
Debt, from Henry county. Tried before Judge Cababtss, at April Term, 1859. This was an action by William. B. Fields, for another, against Andrew W. Walker, on a promisory note given in part payment for the building of a merchant mill.
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Debt, from Henry county. Tried before Judge Cababtss, at April Term, 1859. This was an action by William. B. Fields, for another, against Andrew W. Walker, on a promisory note given in part payment for the building of a merchant mill. The defendant filed his pleas of partial and entire failure of consideration, to-wit: That said mill was not built according to contract, and that the machinery was inefficient and wholly unfit for the purposes contemplated; the contract being set forth in the brief of evidence accompanying the record. Defendant proposed to prove by Dawson, defendant’s first…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
1. The court, so far as the bill of exceptions shows, made no decision as to the admissibility of Dawson’s testimony. Had this evidence been rejected, as it probably was, it -would have been, right. It was a mere matter of opinion; and ho was not a mill-wright but a miller only.
2. We concur with the court that Thomas A. Adams, as an expert, could only give an opinion upon the fads testified to by Dawson, Key and Edge, and not upon their opinions.
3. The rejection by the court of the sur-rebutting testimony of McNeely, Gresham, Grafton and Smith,…
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