Wheelock v. Cuyler

Headnote

Evidence—Code, section 399.

Where in an action of trespass, quarre clausum fregit, defendant claims to have entered as the agent of the owners, the testimony of plaintiff’s grantors as to conversations between them and a person deceased at the time of the trial, through whom defendant’s principal claims, is inadmissible under section 399 of the Code.

Appeal from a judgment in favor of the defendant, entered upon the report of a referee.