Leach & Co., Inc. v. Peirson, 275 U.S. 120 (1927)

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Leach & Company, Inc. v. Peirson

No. 78

Argued October 27, 1927
»Decided November 21, 1927
275 U.S. 120

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Semble that, under the Conformity Acts, rule of evidence established by decisions of the highest court of the state apply to an action on contract between private parties in the district court. P. 127.

2. A man cannot make evidence for himself by writing a letter containing the statements that he wishes to prove. He does not make the letter evidence by sending it to the party against whom he wishes to prove the facts. P. 128.

3. A, having bought bonds of B through B’s sales agent, wrote B that the purchase was made upon the understanding that B would repurchase at the same price at A’s request, and that he desired to avail himself of that privilege. Held that B was under no duty to answer the letter, and that the letter was inadmissible to prove the salesman’s authority to make the agreement asserted. P. 128.

16 F.2d 86 reversed.

Certiorari, 273 U.S. 676, to a judgment of the circuit court of appeals affirming a judgment recovered by Peirson from the petitioner on an alleged agreement to repurchase bonds sold by the latter to the former.