138 Ga. 634 | Ga. | 1912
This case was before the Supreme Court on a former occasion. Becker v. Donalson, 133 Ga. 864 (67 S. E. 92). In that instance Donalson had recovered, and Becker excepted to the judgment of the trial court refusing a new trial. On review in the Supreme Court the judgment was reversed. On the subse
For similar reasons it was not error, over the objection that if was mere hearsay, to admit in evidence a letter and telegram from B. A. Becker to J. E. Donalson, dated March 6, 1898, to the effect that B. A. Becker was of the opinion that he could get E. C. Becker to accept a certain sum for his interest in the Donalson Lumber Company, especially as soon thereafter E. C. Becker did submit to J. E. Donalson a proposition to substantially the same effect as that which B. A. Becker thought that he might induce E. C. Becker to make.
Nor was it error, over the objection that it was irrelevant, to permit the witness Donalson to testify concerning the circulars advertising the property • of the Donalson Lumber Company for sale, referred to in his evidence hereinabove quoted: “I mailed one of them [the circulars] by due course of mail to Mr. E. C. Becker, at St. Louis, Mo., properly sealed and stamped, and the proper number of two-cent stamps on it, and mailed to Mr. Becker in St. Louis, Mo., with the proper address at which we had been addressing him, and deposited in the post-office at Donalsonville, Ga.,” notwithstanding E. C. Becker testified that he did not receive the circular until after the sale.
Nor was it error to permit the witness Donalson to testify: “We had them [the circulars] there in the office of the Donalson Lumber Company. I consulted with Mr. B. A. Becker frequently about this matter, and read this [the circular] to him in manuscript before I ever had it printed, and I read it to B. A. Becker in manuscript, and there was a number of them lying on his desk. I don’t know whether he ever read it afterwards or not;” the objection to the evidence being that it was irrelevant, and that no notice to or conduct of B. A. Becker could bind or affect the rights of E. C. Becker by estoppel or otherwise, and that the rights of E. C. Becker were the only ones insisted on by the defendants.
Nor was it error to admit the testimony of John'S. Donalson, as follows: “I told B. A. Becker that Williams would buy the properties, but did not wish to pay more than $15,000 in cash, and would give his notes for the remainder, and he [B. A. Becker] asked me what he was to get, and I told him, ‘You get the offer your father made of $29,000.’ He said, ‘That has been some time
Nor was it error to admit the testimony of John E. Donalson, as follows: “During that time that the timber was being cut off of that land [the land in controversy] B. A. Becker was there at Donalsonville. We cut that timber, but there was no entry made on the books about it, because we treated it as our own. B. A. Becker was also superintendent, about that time, of the logging teams. The timber was hauled to a place called Billaville, about two miles from Donalsonville, which was the terminus of the tram-road, and there put on the log-train and brought to the mill. Mr. B. A. Becker was down, that tramroad nearly every day, and made up the pay-rolls, and he knew as much about the business as I did. lié was right there and knew all about it, and knew that the timber was being cut. We cut that timber during 1894 and 1895; and in the fall of ’96 we turpentined it. B. A. Becker was there at Donalsonville then and all during the two years and a half that we were timbering it, and during the years 1896, 1897, 1898, and 1899, while we were turpentining it. He was bookkeeper and superintendent, and looked after the physical properties. Those lands were located about three miles from the mill, and not over one fourth of a mile from the tramroad. Mr. B. A. Becker was superintendent of the mill, and had charge of the logging and everything else, and his duties frequently called him into the woods; in fact as often as he could leave his books he was there. He was constantly in the woods, probably two or three times a week, on the road looking after things. In 1898 and 1899, at the time we had gone beyond Rillaville, I could stand on the car and see those white boxes in the fall of the year one fourth of a mile, and down at the corner
Nor was it error to overrule the objections urged to the admissibility of the evidence set out in the thirteenth ground of the amendment to the motion for new trial, which was alleged to be, but was not, all of the evidence tending to show agency upon the part of B. A. Becker for E. C. Becker.
Judgment affirmed.