Creeden

Defendant was a member of the board of directors of plaintiff. This action was commenced for the purpose of recovering a secret profit which it was alleged he had made on his agreement to procure from plaintiff a lease running to third parties who paid him, as a consideration for his services, the sum evidencing the profit. Judgment went for plaintiff and defendant appeals-.

The secretary of respondent testified at the trial that appellant produced a certain written instrument at a meeting of the directors of the corporation and .that he said something at the time. The witness was then' asked to state what appellant had said and objection was made that time, place and parties present had not been fixed, and the objection was overruled. If we concede that the foundation indicated by the objection was necessary—the particular point, however, is argued in the briefs-—it is evident from the record that the objection was not good. Appellant had preceded the secretary as a witness. The date of the directors’ meeting had been stated while he was on the stand and he had testified that he was present on the occasion, although he could not remember the date. The document later referred to…