136 Ala. 327 | Ala. | 1902
'One, of the issues in this cause being whether the notes sued had been- altered after their execution, and one of defendants having testified there had been such alteration, the plaintiff had the right to have him state on cross-examination, whether on a former trial of the same cause he gave like testimony. His omission on the first trial to assert a matter so vitally
Another issue tried was whether the notes were given in consideration of a promise made through plaintiff’s agent Hare to refrain from prosecuting W. H. Gil-liland criminally. If Hare’s agency did not extend to malting such promise in behalf of plaintiff, his lack of authority in that regard is a circumstance tending to corroborate his testimony in denial of such promise. For the purpose of such corroboration it was proper to allow Hare to testify he had no authority from plaintiff to make the promise.
. In Williamson v. Tyson,, 105 Ala. 644, it was held that one who seeks to.avail himself of a contract made by another as his agent is bound by the representations made and methods employed by the agent to effect that contract. The charge given at plaintiff’s request was not opposed to that principle, but it asserts another principle which is abstractly correct. If in view of the evidence in this case it had. a tendency to mislead the jury that tendency could have been corrected by a charge which the defendants were privileged to, but did not not, request. The giving of the charge involved no error.
Though plaintiffs’ counsel in breach of propriety ad
In the trial court no question appears to have been made as to whether the evidence supported the verdict, as to amount; and presented for the first time here without exception on ruling of that court, that is not a matter for review or for reversal of the judgment. — McKenzie v. McCall, 3 Ala. 516; Moore v. Bradford, Ib. 550; Brahe v. Johnston, 50 Ala. 1; Ritch v. Thornton, 65 Ala. 309.
Assignments of error relating to judgment on the pleadings not having been noticed in appellant’s brief are considered as waived.
Judgment affirmed.