Sischo

The plaintiff had judgment in this action for the sum of $2,296.68, on account of merchandise sold and delivered by the plaintiff to the defendant. From this judgment and the order of the court denying a new trial, the defendant appeals. As no appeal lies from an order denying a new trial, the attempted appeal from such order is hereby dismissed.

The only question presented upon this appeal concerns four items of merchandise of the aggregate value of $518.24, alleged by the defendant never to have been received from the plaintiff; and the sufficiency of the testimony to support the plaintiff’s claim in relation thereto, this latter being based upon alleged errors of the court in the admission of certain exhibits, over the objections of the defendant.

The transcript shows that at the opening of the trial the auditor and bookkeeper for the plaintiff not being present, it was stipulated by the parties that if the auditor or bookkeeper were present, such person would testify that the open book account was a true and correct account kept by the plaintiff of all the transactions between the plaintiff and defendant, and that it was kept in the ordinary course of business by such…