12 Colo. App. 394 | Colo. Ct. App. | 1898
Coggswell brought this suit to recover a balance for wages
Error is assigned upon the refusal of the court to allow the defendant while testifying as a witness, to answer several questions tending to show that no profits accrued from the lease, and that the operations resulted in a considerable financial loss. This was wholly immaterial. The case was tried upon the conceded theory that if the partnership was established, this action would fall, and therefore whether a profit or loss resulted had no bearing upon the issue. The court also sustained an objection to the following question put to one of defendant’s witnesses, who was also reputed to be one of the partners in the lease, “And did you and Coggswell talk about getting out of the lease at any time ? ” This, defendant claims, was fatal error. The objection was a general one, and the court did not specify the ground of its ruling. It may have been that the question was leading, and
The instructions taken as a whole were fair and correctly stated the law. If there was any error in them, it was in favor of the defendant. The judgment will be affirmed.
Affirmed.