Opinion
SC 630.
July 18, 1974.
Appeal from the Circuit Court, Washington County, William C. Lindsey, J.
McCorquodale McCorquodale, Jackson, for the State.
An offer to purchase or sell property, whether the offer deals with property made the subject of the lawsuit or similar property, is not admissible as evidence to show value when the issue before the court involves the determination of fair market value of a piece of property. Thornton v. City of Birmingham, 250 Ala. 651, 35 So.2d 545; Dean v. County Bd. of Education, 210 Ala. 256, 97 So. 741; Sharp v. United States, 191 U.S. 341, 24 S.Ct. 114, 48 L.Ed. 211; Tenn. Coal, Iron and R. Co. v. State, 141 Ala. 103, 37 So. 433, 435 (1904).
Edward P. Turner, Jr., Chatom, and Adams, Gillmore Adams, Grove Hill, for appellees.
No judgment should be reversed for the improper admission of evidence unless it appears that the error complained of has probably injuriously affected substantial rights of the parties. Supreme Court Rule 45; State v. Hodge, 280 Ala. 422, 194 So.2d 827; Blackwell v. Sewell, 280 Ala. 359, 194 So.2d 519. Any error in admission of evidence was harmless or not reversible, the same or similar evidence having been admitted without objection. So.Digest, Appeal Error, 1050(1), where 11 cases are cited, without reproduction of headnotes.
This is a highway condemnation suit. The trial court permitted witnesses to testify, over objection by the state, about offers made for property located near the condemned tract. The state claims that the admission of this evidence is reversible error. We agree.
The landowner does not argue that offers to sell comparable property are admissible. He admits that the general rule provides otherwise. But he claims the admission of the evidence in this particular case was harmless. The landowner's argument that the error was harmless is persuasive. It is not convincing, however. We reverse on the authority of State v. Walker, 281 Ala. 182, 200 So.2d 482 (1967).
Reversed and remanded.
HEFLIN, C. J., and MERRILL, HARWOOD and FAULKNER, JJ., concur.