Southwestern Railroad v. Rowan
Supreme Court of Georgia
Evidence. Bes gestee. Damages. Before Judge Cole. Houston Superior Court. January, 1871. Rowan & McCaury averred that, in 1865, an agent of The Southwestern Railroad Company, contracted to receive of them five thousand railroad stringers, at $15 00 per thousand feet, within twelve months; that they fitted up a steam mill, hired hands, bought teams and cut stock to make the stringers, and had sawed four or five hundred, delivered them and been paid for them, at said price,…
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Evidence. Bes gestee. Damages. Before Judge Cole. Houston Superior Court. January, 1871. Rowan & McCaury averred that, in 1865, an agent of The Southwestern Railroad Company, contracted to receive of them five thousand railroad stringers, at $15 00 per thousand feet, within twelve months; that they fitted up a steam mill, hired hands, bought teams and cut stock to make the stringers, and had sawed four or five hundred, delivered them and been paid for them, at said price, when the price of stringers declined and the defendant refused to receive any more, to their damage, etc. Rowan testified…
1Opinion of the Court
McCay, Judge.
1. We see no error in the admission of the testimony of McCaury, so far as it was admitted. True, he does not know, of his .own knowledge, of the contract. He says this. And the Court properly ruled out everything in his answers upon that subject. But he testifies to certain facts within his knowledge, to-wit: that certain of this lumber was delivered, and, to his understanding, that it was delivered under particular circumstances. As to the fact of the contract, or as to its terms, his testimony is of no value, nor *414does he give it as the truth, but only as hearsay. Its only…
2Cited by5 opinions
- Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Butler v. MooreSupreme Court of Georgia · 1882
- Willingham v. Hooven, Owens, Rentschler & Co.Supreme Court of Georgia · 1884
- Murphey v. Northeastern Construction Co.Court of Appeals of Georgia · 1924