130 Mo. App. 122 | Mo. Ct. App. | 1908
This is an action on account for tbe value of a number of pockets or bags of rice scfld by tbe plaintiffs to tbe defendant. Tbe plaintiffs recovered in tbe circuit court and tbe defendant appeals, insisting that tbe court admitted incompetent evidence on the part of tbe plaintiffs. The evidence tended to prove that tbe defendant ordered fifty pockets or bags of rice from plaintiffs, who are wholesalers of that
One of the plaintiffs was also permitted to testify over defendant’s objection and exception, that at the same time the shipment of rice was made to this defendant, plaintiff also made shipments of rice to other parties out of the same lots of rice in bulk in their warehouse and remittances were received therefor in due time without contention as to the condition and quality; and also that a few days before this shipment they had shipped the defendant a lot of rice out of the same bulk in one of their warehouses which he had accepted and paid for without complaint. This evidence certainly does not tend to throw light Upon the issue as to the condition of the rice involved in the present controversy at the time it was delivered to the carrier for the defendant and it should have been excluded. The evidence as to the shipments of rice to other parties, which were received by them without complaint, was wholly irrelevant as to the issues between the parties to this suit and appears highly prejudicial to de
For the reasons given, the judgment will be reversed and the cause remanded. It is so ordered.