57 Vt. 612 | Vt. | 1885
The opinion of the court was delivered by
The statement in the bill of exceptions that the value of the hotel property at the various times named
The testimony of Tarbell was admissible on the ground that it tended to show that the defendant had acted in good faith and tried to sell the property as he had agreed to. The objection that its admission allowed the defendant to make testimony in his own favor is answered by the fact that, upon the defendant’s theory as to the arrangement between them, the defendant was to try to sell the property before taking possession. This being his duty, and his good faith in this respect being in issue, the defendant could show what he had done to this end. We think there is no error apparent, and the judgment is affirmed.