Courteney

This is an action by plaintiff to recover the sum of $3,509.82, alleged to be due and owing from defendant to plaintiff for certain goods, sold and delivered to the former by the latter. The cause was tried by a jury, by whom a verdict was returned in favor of plaintiff for the sum of $2,808.08. Judgment was entered accordingly.

The defendant prosecutes this appeal from the order denying its motion for a new trial, and complains: 1. That the evidence is insufficient to justify the verdict; 2. That the court erred, to its prejudice, in certain rulings upon questions involving the admissibility of certain testimony; 3. That the court, in its charge, misdirected the jury upon matters of law.

The complaint is in two counts, viz.: The one declaring upon the contract and the second setting up the indebtedness in the form of a common count.

After averring that the defendant, a corporation, is and was, at the time of the commencement of this action and for some time prior thereto, engaged in business in the city of San Francisco, the complaint alleges that “between the thirty-first day of August, 1906, and the twentieth day of November, 1906, at the city and county of San Francisco,…