Kann v. Wausau Abrasives Co.

It will be useful to consider at the outset the only exception to the admission of evidence which has been argued by the plaintiff.

The defendant was permitted to introduce the correspondence between the parties leading up to the formation of the contract. To the admission of these letters, sixty-three in number, the plaintiff objected and was granted a general exception. The only ground of objection stated was “the immateriality of [the] evidence.”

In the course of its findings the trial court made the following statement:

“While the terms of the contract as finally reduced to writing are not…