Tiefel

Tiefel v. Chant

Good Law
1919 Cal. App. LEXIS 607·44 Cal. App. 433·186 P. 382
Court of Appeal of CaliforniaNovember 24, 1919Civ. No. 2524. Civ. No. 2448.California617 words

Opinion

Lead Opinion

Conrey, J.

These actions were tried together in the superior court. Separate judgments were entered, from each of which the defendant appeals. The eases have been briefed together. The transcripts were prepared in accordance with section 953a of the Code of Civil Procedure. The reporter’s transcripts in the two cases are identical with each other, and there is a separate clerk’s transcript for each case.

[1] We will first consider the Gattwinkel case. The complaint states a claim of indebtedness upon an account for services rendered and cash advanced to Louisa Stuckless, and alleges that the reasonable value of the services rendered was the sum of $1,902.89. A claim covering this demand was first presented to the administratrix of the estate of Louisa Stuckless and rejected.

Appellant claims that the court erred in receiving in evidence an account-bóok kept by Gattwinkel, and that there was no other competent evidence introduced upon which the demand of the plaintiff can be sustained. Following the decision of this court in Colburn v. Parrett, 27 Cal. App. 541 , [ 150 Pac. 786 ], the court permitted Gattwinkel to testify that he kept the memorandum book. This book contained items relating…

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