Linebaugh v. Portland Mortgage Co.

Error is predicated on the ruling of the court relative to the following question asked C. W. Hayhurst, vice-president of the defendant company, by counsel for appellant, “Did you, as representing the Portland Mortgage Co., intend to cheat or defraud the Misses Linebaugh?” Witness answered, “No, sir.” Whereupon counsel for respondents moved to strike the answer for the reason that it called for a conclusion of the witness and invaded the province of the jury. The court said, “I think the objection will have to be sustained.” Respondents contend however that the record discloses the answer was…