Owsley v. . Henderson

The itemized, verified statement attached to the complaint was not admitted in evidence as such. It was admitted only after a witness competent to testify was examined and testified of his own knowledge concerning the matters and things therein contained. Exception thereto cannot be sustained.

Before the plaintiffs can recover against defendant surety company they must establish a debt against the contractor incurred in the fulfillment of his contract with the City of Charlotte. Hence, any evidence, including statements of the contractor, a party defendant, made in the course of his dealings…