92 Minn. 55 | Minn. | 1904
Appellant in December, 1890, for an express consideration of $400, executed and delivered to Powers & Dwyer, copartners, a quitclaim deed conveying a quarter section of land situated in Itasca county, which conveyance was duly recorded in May, 1892. It appears that the Christian names of Messrs. Powers & Dwyer were omitted from the deed. In 1894 the land was by said grantees conveyed to the respond
It is clear from the record that the defendant Whiteman was permitted by the trial court to testify fully as to everything said and done, forming a part of the original transaction, except in one material particular, to wit: After he had testified that, in addition to the deed, he delivered to one of the grantors of respondent a written instrument, he was asked to state what it was. Upon.objection that the question called for an answer which was not the best evidence, the objection was sustained. Thereupon defendant’s counsel offered to prove, in substance, by the witness, in response thereto, that said defendant, as a part of the transaction, delivered to one of the grantees in the deed his promissory note for the sum of $400, due in either six or twelve months from date, with eight per cent, interest. This offer was also objected to upon like ground, and was excluded by the court.
While it may have been proper to show that a note was delivered as a part "of the general transaction, still its contents were clearly inadmissible, as no attempt had been made to require its production. The question and offer of proof referred to having been blended, we are of the opinion that the trial court did not err in its ruling.
The order appealed from is therefore affirmed.