Wyckoff v. Jarrell

Reinhardt, J.,

delivering the opinion of the Court:

This is an action of assumpsit for breach of an alleged agreement to purchase certain shares of stock. There was a trial and verdict for the plaintiff. The defendant has moved that the verdict be set aside and a new trial granted and has filed ten reasons in support of his motion, among which are the following:

“That it was improper and clearly prejudicial to the defendant to admit the testimony of the alleged telephone conversation between the plaintiff, Mr. Euler, and the party alleged to have been the defendant, without requiring more proof…