44 So. 563 | Ala. | 1907
Assumpsit to recover on an account for lumber sold and delivered by plaintiff to the defendr ant. It does not appear from the evidence of the witness Benton that the items reported to him by the teamsters were original entries. Neither did it appear, at the time the book was offered as evidence, that the witness Benton knew that the entries were correct at the time they were made. In this state of the evidence the court erred in admitting the hook in evidence. — Bolling v. Fannin, 97 Ala. 621, 12 South. 59; Lane v. May & Thomas Hardware Co.,. 121 Ala. 296, 25 South. 809; Baird Lumber Co. v. Devlin, 124 Ala. 245, 27 South. 425; Callaway & Truitt v. Gay, 143 Ala. 524, 39 South. 277, and authorities there cited.
While the defendant was being examined as a witness, he was asked by his counsel this question: “What was the custom in this district as to where lumber was to be measured by wholesale dealers?” The court sustained an objection to the question. This ruling may be justified on two or more propositions; but we will rest its justification on the ground that it does not appear that the district embraced the place where the goods were sold and delivered, and, if not, the question was subject to the specific objections made.
Affirmed.