McClellan v. Lyle-Taylor Grain Co.

• Decision Date: 25 November 1920
• Docket Number: 8 Div. 251
• Citation: 87 So. 596,205 Ala. 59
• Parties: McCLELLAN v. LYLE-TAYLOR GRAIN CO.
• Court: Alabama Supreme Court

87 So. 596

205 Ala. 59

McCLELLAN v. LYLE-TAYLOR GRAIN CO.

8 Div. 251

Supreme Court of Alabama

November 25, 1920

Appeal from Circuit Court, Limestone County; R.C. Brickell, Judge.

Action by F.E. Taylor and others, partners, doing business under the name and style of Lyle-Taylor Grain Company, against W.H McClellan, for damages for breach of contract to deliver 2,000 bushels of corn. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911 p. 449, § 6. Affirmed.

J.G Rankin, of Athens, for appellant.

Eyster & Eyster, of Albany, for appellee.

BROWN J.

The statement of witness Taylor, in response to the question propounded to him on cross-examination, "It was a part of the contract that it was to be sent by boat?" that "that part of the contract did not concern me," was clearly the statement of a conclusion, and purely gratuitous and the court erred in overruling the motion of defendant to exclude it. Am. Oak Extract Co. v. Ryan, 112 Ala. 337, 20 South, 644.

However, in view of the fact that the issue between the parties was simple and well defined not only by the evidence, but clearly stated to the jury in the charge of the court, we hold that this error was without prejudice to the appellant, and will not work a reversal of the judgment.

The witness Taylor on cross-examination admitted that he had a conversation with Frost some time in February, 1918, with reference to getting a boat to move the corn sold by defendant to plaintiff, and stated: "I did not tell Mr. Frost in that conversation that I had some corn already paid for that was liable to be damaged."

After the plaintiffs had concluded their evidence in chief Frost was offered as a witness and, after testifying to the conversation had with the defendant in respect to a boat to move the corn, he was asked by the defendant, "Do you recall Mr. Taylor telling you, in that conversation that you had when you called the Lyle-Taylor Grain Company that he had other corn already paid for that was exposed to the weather?" At the time this question was put to the witness there was evidence before the court and jury sufficient to indicate that this question called for material testimony tending to impeach the statement of witness Taylor, and it was not subject to the only objection interposed to it--that it was leading.

One of the exceptions to the rule against leading questions is when the purpose...