Appellees recovered a judgment against appellant for $2100 damages to their home resulting from subterranean termites after appellant had treated the house. A motion for a new trial was overruled and this appeal followed.
Assignment of error 1 charges error in permitting one of appellees to testify as to the cost of long distance telephone calls she made attempting to get the house repaired. Appellant contends that this expense was not a part of the damages sustained because the complaint was based upon damage to timbers in the building.
Conceding, without deciding, that this testimony was not admissible, no reversible error appears because the witness had already anwered before there was a statement of the ground of objection. Where the witness has already answered the question, and the court then overrules the objection to the question, the court will not be put in error on appeal in the absence of a motion to exclude the answer. McBee v. McBee, 265 Ala. 414, 91 So.2d 675; Jones v. Lamb, 239 Ala. 225, 194 So. 652.
Assignment 7 charges error in the refusal of the court to give defendants' written charge 3:
We cannot hold that the court erred to reversal in refusing this charge because "it appears that the same rule of law was substantially and fairly given to the jury" in the court's oral charge. Tit. 7, § 273, Code 1940; Beavers v. Boykin, 273 Ala. 413, 142 So.2d 10.
We have considered all the argued assignments of error and find no reversible error.
LIVINGSTON, C. J., and SIMPSON and HARWOOD, JJ., concur.