Ullman, Lewis & Co. v. Babcock

Staytok, Associate Justice.

This action having been brought to recover damages for the failure of the appellants to deliver to the appellee fifteen barrels of whisky of a particular description, at the city of Laredo, within a reasonable time after they had agreed to do so, the appellants sought to prove, by a witness, on the trial, which was had on April 8, 1884, that whisky of the given kind had constantly declined in price from the time the contract was made (September 20, 1882) until the time of the trial.

This evidence was objected to and excluded; and properly so, for it was unimportant…