MacIntosh

MacIntosh v. Chicago Electric Motor Car Co.

Good Law
1919 Cal. App. LEXIS 628·44 Cal. App. 320·186 P. 364
Court of Appeal of CaliforniaNovember 17, 1919Civ. No. 2470.California498 words

Opinion

Lead Opinion

Shaw, J.

In this action the court found that defendant was indebted to plaintiff for the reasonable value of work and labor done and materials furnished at the defendant’s special instance and request, in the sum of $679.26. In accordance with such finding, judgment was rendered for plaintiff, from which defendant appeals, claiming the finding is not supported by the evidence.

[1] Testimony was received tending to prove that plaintiff, at defendant’s request, repaired an electric' car, the reasonable value of which service was $350; upon another car, put in new spring bolts and glass, the value of which was $5.25; and furnished garage service of the value of $81.60, making a total of $436.85. In addition to this testimony, plaintiff introduced no evidence other than some memoranda made upon loose sheets of paper, duplicates of which were sent to defendant after it had gone out of business, and which memoranda were made at or about the dates shown thereon. No proof whatever was made that the so-called charges therein appearing were reasonable, nor any explanation made as to the meaning of the entries, without which they were wholly unintelligible. The memoranda are headed: “Chicago…

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