Rea's adm'x v. Trotter & Bro.

Citations

• 26 Va. 585
• 26 Gratt. 585

Syllabus

<p>1. The fact that a person is the counsel in the cause for om does not render him incompetent as a witness for that 2 of the parties party.</p> <p>2. In an action of assumpsit by T against R to recover the value of goods stored by T with R, the receipt of R for the goods is competent evidence forT, and an account of the sales of the goods copied from the books of R with his assent and in his presence, and acknowledged by him to be correct, is competent evidence for T; as original and not secondary evidence.</p> <p>3. T stores goods with R, and nothing is said as to the compensation which R is to receive for their storage. The law implies a contract that R shall be paid a reasonable compensation therefor, unless there be something in the relation of the parties or the circumstances of the case which precludes the idea of such compensation, in which case there .would be an implied agreement or understanding that no such compensation was to be paid.</p> <p>4. An instruction which in part is not based upon any evidence before the jury is erroneous, and is grounds for reversing the judgment.</p> <p>3. In assumpsit by T, a resident of Staunton, against R to recover the value of certain manufactured tobacco which T had stored with R in Winchester in July 1864, and which R had sold for Confederate money. If the tobacco was deposited by T with R, who received the same into his warehouse on storage for a compensation to be paid him by T, and agreed in consideration thereof to keep the same in store on account of T, and subject to his order, until T should demand the same, and then deliver it to T or his order; and if R failed to keep the tobacco and deliver it up, he thereby became liable ■to pay to T the damages sustained by such breach of the contract; ¡though R before demand by T sold the tobacco of T as well as his own, because of his apprehension that the Union forces were about to occupy said town, and would search his house and seize said tobacco ; and said forces di