The exceptions and assignments of error present four primary questions of law, as follows:
1. Was there sufficient evidence of a sale of the stock to be submitted to the jury?
2. Was the testimony of J. W. Pless incompetent by virtue of the application of C. S., 1795?
3. Were the admissions of E. II. McMahan to the plaintiff and to the officials of the bank competent against the estate?
4. Was the testimony of Neal with respect to admissions made by the alleged attorney of the estate competent?
The jury found that the deceased had contracted with the plaintiff to purchase twelve shares of the capital stock of Blanton Feed Company. The evidence of Mr. Pless was to the effect that the deceased had agreed to purchase the stock and to pay therefor the sum of $1,200. The twelve shares of stock owned by the plaintiff were held by the bank as collateral for an indebtedness due the bank by the plaintiff. There was evidence from the plaintiff and from Mr. Pless and officials of the bank that the deceased was to take up this stock at the bank, paying the bank therefor and receiving the stock which had already been signed in blank by the owner. There was evidence that the deceased had stated to the officials of the bank that he had purchased the stock and “would take it up as soon as he had funds available.” This evidence, if competent, tended to establish a sale. Quoting from Tiffany on sales, this Court in Teague v. Grocery Co., 175 N. C., 195, 95 S. E., 173, said: “When there is a contract of sale of specific goods, the property in them is transferred at such time as the parties to the contract intended it to be transferred. When there is a contract for the sale of specific goods, unless a different intention appears, the property in the goods passes to the buyer when the contract is made.” The Court further said: “On the present record, there are facts in evidence tending to show that this transaction was an executed contract of sale, having reference to designated and specific pieces of property, and if these facts should be accepted by the jury, it is well understood that present physical delivery of the property is not necessary to the transfer of the title but that the same passes ac*35cording to the intent of tbe parties as expressed in the contract between them, and further, that, in the absence of specific agreement on the question, the presumption is that the title passed at the time of the purchase and without such delivery.” See, also, Cohen v. Stewart, 98 N. C., 97.
The evidence discloses that no further act was to be performed by the seller, and the only act to be performed by the purchaser was to step into the bank, pay the purchase money and put the stock in his pocket. Such evidence therefore established a contract of sale.
The defendant, however, asserts that the evidence of J. W. Pless tending to establish the sale was not competent by reason of the inhibition of 0. S., 1795. The evidence discloses that Mr. Pless had contracted to sell his stock to the deceased at the same time the Winborne sale was effected. Consequently, the pertinent question is: Did Pless have a pecuniary interest in the sale of the stock to Winborne, or would he get anything of financial value out of the lawsuit if it terminated favorably for his former law partner, the plaintiff? See Chemical Co. v. Griffin, 204 N. C., 559; Hager v. Whitener, 204 N. C., 748; Vannoy v. Green, post, SO. The record discloses that Mr. Pless was asked that if he should make a claim for anything on the stock he agreed to sell, would not the same evidence applicable to the Winborne ease be applicable to his case? The witness said: “My evidence relates to one transaction. I have no claim and I suppose I am not capable of making a claim now. If the statute were not pleaded, I don’t know that I could bring a suit against the estate.” The foregoing answer of the witness was elicited by counsel for the defendant and plainly discloses that the witness had no pecuniary interest in the outcome of the trial. He declared unequivocally, “I have no claim.” Consequently the evidence was properly admitted.
The third question of law involves the competency of alleged statements made by Mr. E. H. McMahan to the plaintiff and to the officials of the bank to the effect that the estate owed the plaintiff for the stock. The defendant earnestly contends that declarations made by a lawyer in a conference and not during the progress of the trial impose no liability upon an estate and cannot be used as a means of establishing the validity of a claim against a dead man. In arriving at the proper conclusion upon the question, it is necessary to observe the relationship of the parties and other pertinent facts and circumstances. It was alleged in the complaint “that E. H. McMahan, as the son and attorney for the defendant, Mrs. Eva McMahan, administratrix, actively managed and directed the administration of the estate of W. H. McMahan and was authorized and empowered by said administratrix to act for her in the administration of said estate, for, and in her place and stead, as plaintiff is informed and believes and so alleges.” The original pleading filed by *36the defendant, answering paragraph 8 of the complaint, declares: “That it is admitted that he has acted as attorney for her in matters pertaining to the administration of the said estate.” Thereafter the complaint was amended by inserting the word “certain” in paragraph 8 between the word “in” and the word “matters.” The plaintiff offered the said admission in the original answer and the defendant objected. This objection, however, is not sustained upon authority of Morris v. Development Co., 194 N. C., 279, 139 S. E., 433.
E. H. McMahan signed the answer as attorney for the defendant. He attended a directors meeting of the bank and gave an account of the assets and liabilities of the estate. He was present at the meeting in response to a letter from the cashier of the bank to discuss “the line of credit extended the Blanton Feed Company and to W. H. McMahan.” He testified: “I was then asked to look into the assets and liabilities of the estate and a few things of that nature and attend another meeting. . . . Our purpose in attending the meeting was to try to persuade the bank to carry on outstanding notes my father owed and notes the company owed and prevent a closing out of the company’s business and also to prevent a foreclosure of certain valuable property that my father had as security at the bank. All the directors were there. ... As I recall I read this report filed by me in behalf of the administrator of the estate in which I referred under an exhibit to the amount of claims which had been filed against the estate.” Consequently it is manifest that the attorney was ju’esent representing the estate and undertaking to secure indulgence upon the basis of assets and liabilities. Thus, the amount and validity of claims filed against the estate was a vital factor in the conference. Under such circumstances it was competent to show an admission of liability made by counsel. This conclusion is supported by the principles announced and applied in Richardson v. Satterwhite, 203 N. C., 113, 164 S. E., 825. Such admission of course “does not conclusively bind the defendant or give it the effect of a solemn admission in judicio. It would merely stand upon the same footing as the declaration of any other authorized agent.”
The testimony of Neal, presenting the fourth question of law, was competent. He was not a party to the suit and had no pecuniary interest in the outcome thereof.
The point is made that the trial judge did not correctly state the contentions of the parties. However, this matter was not called to the attention of the court at the time, and in such event the exceptions must fail. S. v. Sinodis, 189 N. C., 565, 127 S. E., 601.
There are other exceptions in the record, but none of them warrant the overthrow of the judgment.