Code 1940, Tit. 13, §§ 126, 138; Tit. 61, § 216; Ala. Const., Sec. 149; Tillery v. Commercial National Bank of Anniston, 241 Ala. 643, 4 So.2d 125. Statute prohibiting statements made by deceased being used by person making a claim against his estate can be waived and is waived without a specific objection being made by estate. Code 1940, Tit. 7, § 433; Lewis v. Martin, 210 Ala. 401, 98 So. 635; Conoly v. Gayle, 61 Ala. 116; Alford v. Darnell, 252 Ala. 565, 42 So.2d 260. Judgment under quantum merit would have been proper. Moebes v. Kay, 241 Ala. 294, 2 So.2d 754; Watson v. Hamilton, 210 Ala. 577, 98 So.2d 784; Metcalf v. Payne, 214 Ala. 81, 106 So. 496; Foster v. Foster, 219 Ala. 70, 121 So. 80; Burns v. Burns, 228 Ala. 61, 152 So. 48; First Natl. Bank v. Henderson, 243 Ala. 636, 11 So.2d 366.
Of course the fact that a representative of George's estate is not sued and that his estate may or may not have a pecuniary interest because he was a stockholder in the company, see, Montgomery Wetumpka Plank-Road Co. v. Webb, 27 Ala. 618, would not affect the disability of appellee to testify as to the transaction with him since George was then acting as the president and agent of the company, which is sued and has a pecuniary interest in the suit. First National Bank of Guntersville v. Bain, 237 Ala. 580, 188 So. 64; National Union Fire Ins. Co. v. Weatherwax, 247 Ala. 143, 22 So.2d 733; Benson Co. v. Foreman, 241 Ala. 193, 1 So.2d 898; Alford v. Darnell, 252 Ala. 565, 42 So.2d 260; Tabler v. Sheffield Land, Iron Coal Co., 87 Ala. 305, 6 So. 196. But there is no controversy in respect to that feature of the transaction.
An objection to proposed evidence must specify the grounds of objection, and on appeal only grounds clearly specified in the trial court can be considered. Circuit Court Rule 33, Code, Tit. 7, p. 1034; Alford v. Darnell, 252 Ala. 565, 42 So.2d 260. A broker employed to sell property on commission, to be entitled to his compensation must procure binding written obligation of ready, able and willing purchaser by broker, or unless sale is actually consumated.
On this account his argument in brief is based on principles of law which must be deemed waived. Alford v. Darnell, 252 Ala. 565, 42 So.2d 260. "If only a general objection is interposed, or only general grounds are assigned in support of an objection, no error results in overruling such objection unless the evidence sought is illegal for any purpose and cannot be made legal by other evidence, or by otherwise framing the question."