Mutter v. I. X. L. Lime Co.

Citations

• 5 Cal. Unrep. 211
• 42 P. 1068
• 1895 Cal. LEXIS 1183

Syllabus

<p>Evidence—Rebuttal.—Where the Defense in an Action for Cutting Wood was that plaintiff agreed to pile it for measurement, but failed to do so, and defendant’s foreman testified that the wood was not in condition to be measured, it was error to permit a witness called in rebuttal to testify that he had a conversation with said foreman after the suit had commenced, and that said foreman told the witness that the wood could be easily measured, as, if said testimony was intended to impeach said foreman’s testimony, it was improper, because no foundation had been laid.</p> <p>Evidence—Declaration of Agent.—If Intended to Prove that the wood was in condition to be measured, it was improper, because the declaration of an agent under such circumstances cannot bind, his principal.</p>