Bennett & Lockwood v. Frary

Citations

• 55 Tex. 145
• 1881 Tex. LEXIS 98

Syllabus

<p>1. Evidence—Statute construed.— The inhibition contained in art. 8248, R. S., against a witness testifying “ as to any transaction with, or statement by, ” a deceased party, does not extend to conversations1 with a surviving partner of the deceased; though the testimony might result in establishing a contract with the firm.</p> <p>2. Same.—When a deceased contracting party was represented in consummating the bargain by an agent who is capable of testifying, then the other contracting party, unless expressly excluded by statute, cpuld be a witness.</p> <p>3. Fact case.—See opinion for reference to an erroneous charge, which, from the nature of the case, could not have affected injuriously the appellant, and offered no basis for a reversal of the case.</p> <p>4. Evidence.— A letter which formed the basis of a contract cannot, in a controversy involving the provisions of a contract, be regarded-conclusive as to its terms.</p>