Johnson v. Tootle

Citations

• 126 Miss. 21
• 88 So. 406

Syllabus

<p>Evidence. Testimony as to value as shown by sales statements inadmissibe as hearsay.</p> <p>Where plaintiff sued for breach of contract for failing to ship a bale of cotton by boat, claiming as damages loss in weight of the cotton and loss of three cents a pound in its value, and the testimony showed failure to ship by boat and a shipment by rail at a later period to the proper consignee in Mobile, Ala., and plaintiff testified to the damage to the cotton, its loss in weight, and that it sold for three cents a pound less than it would have sold for had it been shipped at the proper time, and where this testimony of plaintiff is solely based upon the $ales statements of his cotton received by him from his merchant in Mobile, and not upon his actual knowledge of the damage to cotton, its loss in weight or what it would have sold for, all of this testimony relating to these items of damage was incompetent and hearsay testimony, and upon objection should have been excluded from the consideration of the jury, and upon motion by defendant a peremptory instruction for defendant should have been granted.</p>