Opinion
No. 27486.
January 21, 1929.
1. PARTNERSHIP. Declarations made by witness out of court for purpose of showing partnership held erroneously admitted.
Evidence of declarations made out of court for the purpose of showing partnership between witness and party to action held erroneously admitted.
2. EVIDENCE. Partnership may be bound by declarations of one of partners made within scope of partnership business.
After a partnership is proven, the partnership may be bound by declarations of one of partners made within the scope of the partnership business on the ground of his agency for the firm.
APPEAL from circuit court of Lauderdale county, HON. J.D. FATHEREE, Judge.
J.V. Gipson, for appellant.
Currie Amis, for appellee.
The court erred in admitting in evidence, over the appellant's objection, declarations made by G.T. Davis out of court, for the purpose of showing a partnership between the witness and the appellant. After a partnership is proven, the partnership may be bound by the declarations of one of the partners made within the scope of the partnership business, on the ground of his agency for the firm. That is not the case here, however. The declarations of Davis, as stated, were admitted for the purpose of showing the existence of the partnership; and this evidence must have been influential in bringing about the judgment.
Reversed and remanded.