Unformatted text preview: rsay? Holding:
Tenant's statement to P was not inadmissible hearsay. Was rather an "operative fact" o "The language of the tenant was the very fact necessary to be proved. The verbal part of the transaction between plaintiff and the tenant was necessary to prove the fact. The words were the verbal acts. They aid in giving legal significance to the conduct of the parties (conduct being physical diviing up of the corn)" o "The words accompanied the conduct. There could be no division without words or gestures identifying the respective shares. It was competent evidence. Tenant's statement to bank was inadmissible hearsay. o Was not a verbal act, did not accompany any action, merely was an out-of-court-statement. Notes:
First holding: Tenant pointing out the corn in question and saying this is your corn for the year, admissible evidence Johnson's the guy who bought the corn from the bank...he's an innocent guy, yet he's a converter. He intended to buy the corn from the bank, that's all that matters, even if in good faith you believe you ha...
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