Lovelock Lands, Inc. v. Lovelock Land & Development Co.

OPINION

By the Court,

Sanders, J.:

The defendant in this case has appealed from an adverse judgment and from an order denying a motion for a new trial. Many errors are assigned, but, as we view the record, we need dispose of but two.

We will first dispose of the contention that the trial judge erred in permitting testimony to be given by one Wooster concerning transactions with F. M. Lee and W. C. Noteware, who represented the defendant company, since both of said witnesses are dead.

Section 5419, Rev. Laws, provides: “No person shall be allowed to testify; 1. When the other party to the…