Sisk v. Carney

Bell, Chief Judge.

The motion to dismiss the appeal is denied.

Defendant maintains that all the conversations between plaintiff, his wife and Jim Lingerfelt are inadmissible hearsay. With reference to the telephone conversations, the court admitted them as offered by plaintiff to explain the subsequent conduct of plaintiff, namely his visit to defendant’s shop. As defendant identified Lingerfelt as his manager or agent and admitted in his own testimony that he overheard one conversation between plaintiff and Lingerfelt which he described as heated, this testimony is sufficient to establish…