Smith v. Flagg

46 Ala. 624

Opinion

B, E. SAEEOLD, J.

In a suit for damages for the breach of a warranty of a horse, the testimony of a witness, who was one of the plaintiffs, that his co-plaintiff and partner told him on his return home with the horse which he had purchased, that the defendant had warranted him to be sound, the defendant not being present, is inadmissible, because it is mere hearsay relating to a past transaction. Martin vs. Hardesty, 27 Ala. 458.

The judgment is reversed and the cause remanded.