Dowdle v. West Lumber Company

Special ground 4 of the defendant’s motion for a new trial assigns as error the admission of the testimony of Ivan Jenkins, an officer of the plaintiff corporation, to the effect that he (Jenkins) called the defendant over the telephone, and she agreed to pay for the material ordered by her contractor. The defendant contends that such evidence is hearsay, and upon her objection should have been excluded, because the witness Jenkins had not sufficiently identified the person with whom he talked over the telephone. Jenkins testified: “About two weeks later the man (H. C. Everett) came back and…