Bass v. O'Berry

Citations

• 59 Fla. 159

Syllabus

<p>1. In an action upon promissory notes admitted to have been given for the purchase price of a stock of cattle with a designated mark and brand, on issues made by pleas of fraud and misrepresentation, where a bill of sale that is silent as to the number of cattle sold, it being merely evidence of the transfer of the title to the cattle and of the assumption by the vendee of an existing mortgage thereon, is admitted in evidence, it is error to exclude evidence that at the time of the execution of the bill of sale the vendor represented that the stock of cattle numbered more than nine hundred head and that he would make up the deficiency, there being in fact not more than five or six hundred head of cattle, no more than sufficient to pay the mortgage assumed by the vendee. Such evidence does not contradict, but tends to elucidate the written instrument already in evidence.</p> <p>2. The sufficiency or insufficiency of evidence to prove the issue does not affect its admissibility.</p>