Reardon v. Richmond Land Co.

Action fob Services—Auditing Books of Corporation—Denial of Nonsuit—Beview of Evidence on Appeal.—On appeal taken in an action for services rendered in auditing the books of the defendant corporation, evidence developed on cross-examination of the defendant may be considered with evidence of the plaintiff for the purpose of ascertaining whether the evidence sustains the findings and judgment, notwithstanding the defendant’s motion for a nonsuit was erroneously denied.

Id.—Authority to Contract for Services.—Proof that the services were rendered to and accepted by the corporation, with the knowledge and consent of its president, apparently in the ordinary course and conduct of its business, is sufficient .evidence of his authority to contract for the services.

Id.—Value of Services—Expert Testimony.—An objection to the opinion of an expert accountant upon the value of the services that it is not founded on all the facts of the case goes to the weight of his evidence rather than to its competency and materiality.

Id.—Competency of Expert Witness—When Conceded.—Where the testimony of the accountant is objected to because immaterial, irrelevant, and incompetent, but no objection to his competency is made, it is conceded that he is an expert upon the value of the services.

Id.—Examination of Witness—Question Calling for Conclusion.— An objection to a question to a witness, calling for his conclusion as to whether the contract sued on had been entered into, is properly sustained.