Howland v. Fenner Manufacturing Co.

The question to which objection was sustained was propounded to the president of the defendant company and referred to orders taken by the plaintiff and sent to the defendant. One of the orders was taken from Ed Pruitt and the other order from P. H. Thomas. The witness was shown plaintiff’s exhibit 10, being an order from Ed Pruitt, and was asked if the order was ever filled. An objection was sustained because the question called for testimony not within the issues. The defendant then made its offer of proof as follows:

“Plaintiff (defendant) offers to prove by the witness now on the stand…