Case BriefEvidence, Unit 10: statements not hearsay, silenceStensvaag, 2/14/15Identity of CaseHanson v. Johnson, 201 N.W. 322 (1924)Page 92 of the casebookSummary of Facts/Procedural HistoryPlaintiff was owed 3/5ths of tenants corn for rent, other parts of the crop were mortgaged out. Without tenants permission, bank collected the plaintiff’s portion and sold it, plaintiff sued. Evidence that the tenant told plaintiff “those three sections are yours,” was not admitted. Appealed. Statement of the IssueIs the statement dividing the sections of corn which are owned by the plaintiff inadmissible hearsay? HoldingThe statement is not offered for its truth value, but as an operative fact. The words have legal significance, transfer of title of sorts.
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