Section 5.7 Conclusiveness of Evidence on Party Introducing It

• Library: Evidence 2017

VII. (§5.7) Conclusiveness of Evidence on Party Introducing It

General Rule: A party is bound by that party’s own testimony, but not by the testimony of the party’s witnesses if that testimony is contradicted by other evidence and circumstances.

In Ewanchuk v. Mitchell, 154 S.W.3d 476, 481 (Mo. App. S.D. 2005), an action by a dog buyer for specific performance against a dog breeder on an oral contract for the purchase of two rare Boston Terrier puppies, the court held that a party is bound by the party’s own testimony that is not corrected or explained. Thus, the dog buyer’s unequivocal testimony that she insisted on a mode and place of delivery that was not agreed to by the seller ultimately resulted in cancellation of the contract under the Missouri Uniform Commercial Code, §§ 400.2-101–400.2-725, RSMo 2016. See also Dennis v. Henley, 314 S.W.3d 786, 791 (Mo. App. S.D. 2010).

A party is bound by that party’s own testimony on matters of fact—other than estimates of time, distance, or location—unless corrected or explained, and a...