178 Iowa 413 | Iowa | 1916
The plaintiff purchased of the defendant certain roofing material to be used upon a building in the course of construction by the plaintiff. It was purchased under an oral guarantee that it would not leak. The roof was covered with the material in December, 1913. -Within about 30 days from that time, it had become cracked and leaky. For five months thereafter, it continued to leak after every storm/ when it was abandoned by the plaintiff and supplanted with a new roof. Plaintiff brought this action for damages, direct and consequential. The original cost of the roofing, paid by the plaintiff to the defendant, was $262, with $24 other expense additional. The plaintiff recovered a verdict for $878.70. Upon the record before us, we have-no occasion to consider other than two assignments of error.
“I think we paid more than $10. I don’t know that it was more than $15. Don’t know that they paid out that much. Can’t state any figures on that. I am just basing it on my judgment.”
Upon the showing made, we think it was error to permit the witness to make the guess. It was, of course, not requisite that the witness should be able to state exact items where items were not preserved, but it was requisite that some reasonable basis should be laid for the purpose of approximation where items were wanting. The basis is wholly wanting in this case. The error in admitting the testimony crept into the instructions, and was somewhat emphasized.
3. The only other assignment of error bears upon the competency of the witness Souers to testify to values. While the foundation of competency was not very satisfactory, we
The judgment below will be affirmed on condition, as above stated, and otherwise, reversed. — Affirmed on Condition.