Bain Peanut Co. v. Pinson

In our former opinion in this case we state that, while there are 30 assignments of error contained in the application, none, other than that raising the question discussed therein, presents an error which would require reversal of the judgment of the trial court. 292 S. W. 203. We are now of opinion that one of the assignments does present reversible error.

On trial the district court, over objection, permitted one of the plaintiffs to testify that he told one of defendant’s agents .that a Mr. Smith had stated to him that de*537fendant had breached a similar contract which it had with another…