Music City, Inc. v. Estate of Duncan

Plaintiff-Appellant Music City, Inc. brought suit against decedent’s estate for money allegedly owed by the decedent, James Duncan. The debt at issue was the result of a promotional sales agreement between Duncan and Music City. At the proceeding against the estate for the money, Hal E. Davis, vice-president and stockholder in Music City, was called as a witness to lay a foundation for the introduction of Music City’s book account entries. Defendant objected to Davis’ testimony, arguing he was disqualified under the “Dead Man’s Statute,” C.R.S. 1963, 154-1-2, which provides, in part:

“154-1-2.…