47 Ind. App. 475 | Ind. Ct. App. | 1911
— Appellee sued appellant on account for throe carloads of shingles sold and delivered to, and received and accepted by, him, and recovered judgment for $1,473, principal and interest. The issues were formed by the complaint of appellee, and appellant’s general denial. All the evidence in the case was that given by Daniel V. Miller, who was sole counsel for appellee.
Appellant assigns that the lower court erred in permitting witness Miller to testify over the objection of appellant, when it was disclosed that he was sole counsel for plaintiff, in overruling the motion of appellant to strike out the testimony of witness Miller in regard to a conversation which took place between witness and appellant at a time when they were discussing a settlement of the matter in issue, and in finding for plaintiff, for the reasons that the evidence failed to show any contract between the parties, that if any contract was shown it was a written one, and the action was upon an oral contract, and that there was not sufficient evidence to enable the court to determine the value of the goods claimed to have been sold.
The theory of the complaint in this case, and the one upon which the trial proceeded, was for the value of goods received by appellant from appellee. The trial court found for appellee, and there is some evidence which sustains such finding. It seems to us that there was no error committed by the trial court.
Judgment affirmed.