Carmichael v. Stone

(specially concurring) — This was an action for damages, tried to the court, for breach of an alleged contract of sale. Plaintiffs pleaded defendant orally agreed to sell them three carloads of lamb’s wool at seventy-six cents per pound and thereafter refused to deliver the same or any part thereof, to plaintiffs’ damage. Defendant’s answer denied any contract to sell wool to plaintiffs.

Plaintiffs sought to prove the alleged oral contract by interrogating plaintiff Herschel Carmichael relative to certain oral negotiations or conversations between him and defendant. To such questions defendant…