Whiteside v. Margarel
Illinois Supreme Court
Appeal from the County Court of DeKalb county; the Hon. Daniel B. James, Judge, presiding. This was an action of assumpsit brought in the court below by Eobert Margarel against Eliza A. Whiteside, to recover for work and labor alleged to have been done by the plaintiff, in the breaking of a quantity of land on a farm owned by the defendant, under a contract made with Thomas Whiteside as the agent of the defendant.
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Appeal from the County Court of DeKalb county; the Hon. Daniel B. James, Judge, presiding. This was an action of assumpsit brought in the court below by Eobert Margarel against Eliza A. Whiteside, to recover for work and labor alleged to have been done by the plaintiff, in the breaking of a quantity of land on a farm owned by the defendant, under a contract made with Thomas Whiteside as the agent of the defendant. Upon the trial, Jerry Sullivan, who was called as a witness on behalf of the plaintiff, was permitted to testify, against the objection of the defendant, in relation, to certain…
1Opinion of the CourtJustice Lawrence
The testimony of Sullivan as to what Thomas Whiteside, the agent of the appellant, said, was improperly admitted. It was not said to, or in the presence of, the appellee, but to a third person having nothing to do with the controversy between these parties, and at a time when the agent was not engaged in the business to which the controversy relates. The statements of an agent are admissible only when they are a part of the res gestoe, but in this case they can not possibly be so regarded. Greenleaf’s Ev. sec. 113.
The testimony of Jackson was also improperly admitted. An agency can not be…
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