P. K. Webster Co. v. Roamer Motor Car Co.

Plaintiff sued upon four causes of action, issue being joined upon the first, which was based upon a mutual, open, and current account for services rendered and materials furnished in the sum of $2,407.85. The account, dated January 1, 1921, contained nine separate items. The first two, in the sum of $550 each, represented claims for commissions for the sale of two Roamer cars within the territory covered by a written contract between the parties dated July 31, 1919. The original account offered in evidence differs from that recited in the complaint in that it contained a statement of credit in the sum of $1,177.59 in favor of the defendant and against the plaintiff. The canse was tried before the court without a jury. The trial court found that plaintiff was not entitled to the two items of commission®, but found that the account of January 1st offered in evidence was otherwise correct and that the defendant was entitled to a credit of $1,177.59 as appeared in that account. This credit was then deducted from the sum allowed in the account and judgment was given in favor of plaintiff in the sum of $130.26. The plaintiff appeals from the judgment.

The appellant urges as grounds…