Stringfellow v. Montgomery

Citations

• 57 Tex. 349
• 1882 Tex. LEXIS 145

Syllabus

<p>1. Witness—Parties — Competency of.—An administrator is nota competent witness to establish the contract on which he sues by testifying to conversations between the deceased and the defendants.</p> <p>2. Evidence — Hearsay.— When the suit is against the defendants as joint contractors, evidence of admissions by one of the two that he had, as agent for the other, made the contract sued on, is mere hearsay, and no evidence to charge either of the defendants. There being no evidence of the contract sued on, the exclusion of evidence on other points will not be revised.</p> <p>3. Charge of court.— It is not error to instruct the jury to find for defendants, if, under the evidence, the plaintiff is not entitled to recover.</p>