Priest v. Poleshuck

The opinion of the court was delivered by

Heher, J.

Plaintiff was given a verdict and judgment in this suit upon a book account for goods sold and delivered by the testatrix to defendant. The appeal concerns the dis-allowance by the jury of credit for two payments claimed by defendant — i. e., $500 on March 3, 1947, and $300 on November 8, 1949. Error is assigned on the admission of what is termed “opinion testimony” related to the factum probandum, evidence that is also said to be “inconsistent or contrary” to the “facts pleaded” in the complaint; and the verdict is assailed as contrary to the…