124 Ga. 960 | Ga. | 1906
(After stating the foregoing facts.)
Error was assigned upon the action of the court in excluding a letter from the plaintiffs to McOsker, which was dated August 27, 1901, and contained a rejection of a proposal from certain parties to rent the premises in dispute, and a statement of the amount for which the plaintiffs would lease the building. It is contended that this letter was evidence of the fact that McOsker had no authority to rent the property of the plaintiffs, and that they had retained complete control over their property. This letter amounted to nothing more than a declaration of a party in his own interest, and was properly excluded. The evidence of West, who would have testified to what McOsker told him, about the same date, as to the extent of
Error is assigned upon the admission of the testimony of Govan, as follows: “What was said about these improvements as a condition to that contract?” A. “I don’t recollect anything at all.” Govan was present when the conversation between McOsker and the defendant took place, which it was claimed constituted the contract ■of rental. It is said that this testimony was the witness’s construction of the contract. We do not think so. The words spoken by McOsker or the defendant in this conversation made out the contract, and any' saying of either during that conversation was pertinent and admissible.
Judgment affirmed.