
    Shaub v. Smith et al.
    
      Competency of witnesses.
    
    Aj agent of a vendor who makes a sale of goods for kis principal, is not rendered incompetent to testify as a witness to the circumstances of the transaction because of the decease of the vendee.
    (Decided December 5, 1893.)
    Error to the Circuit Court of Knox county.
    Action in replevin was brought by defendants in error against plaintiff in error, as administrator of Michael Earnest, deceased, to recover possession of a quantity of boots and shoes. At the trial the plaintiff offered one W. S. Freeman as a witness, and proposed to prove the sale of the goods by him to the deceased and certain representations made by the deceased at the time as to his financial standing. An objection by the defendant, on the ground that the witness was incompetent, was sustained by the court, and, because of this ruling, the judgment of the common pleas was reversed by the circuit court.
    
      J. B. Waight, for plaintiff in error.
   By the Court.

It is insisted by the counsel for the plaintiff in error that, under that clause of section 6242, Revised Statutes, which provides that “ when a case is plainly within the reason and spirit of the last three sections, though not within the strict letter, their principles shall be applied,” the agent of the vendor was incompetent to testify as to conversations with the deceased, and the Common pleas so held.

We cannot assent to this proposition, and are of the opinion that the common pleas erred in its holding, and that its judgment was properly reversed.

Judgment affirmed.  