Greer v. Davis Mercantile Co.

Citations

• 86 Kan. 686
• 121 P. 1121
• 1912 Kan. LEXIS 365

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale—Bailment—Delivery—Evidence. Two parties have a conversation resulting in the delivery of personal property from one, the owner thereof, to the other. One, the owner, testifies to such language used as would constitute a sale; the other denies this and testifies to language that would constitute a bailment only. Held, that the evidence of other witnesses of acts done and statements made by the latter soon after he acquired and while he was in possession of the property, no change of circumstances affecting, his interests having occurred, are admissible as a part of the res gestae, as characterizing his possession and corroborating his testimony.</p> <p>2. Practice — Prejudicial Error — Motion for New Trial. Where rulings of a trial court, sustaining objections to questions asked, result in excluding testimony, it is not sufficient to justify a reversal that it be made to appear that the rulings are erroneous, but it must also appear that the error is prejudicial. For this purpose a motion for a new trial must be filed and the proposed evidence produced as provided in section 307 of the civil code.</p>