Kavanaugh v. Morgan

The fact that the court treats as an essential part of appellants’ case the declaration contained in Mr. Kavanaugh’s letters to prospective bidders at the approaching sale constrains me to record my dissent, which I would not otherwise do upon any difference of opinion on the questions of fact, for I am convinced that the court is in error in holding that such declarations are competent as evidence-in the case. They are self-serving — nothing more nor less— and inadmissible. The decision of the majority is in direct conflict with numerous decisions of this court. Hamburg Bank v. George, 92…