Underhill

Appeal from an order denying a new trial. Plaintiff was the keeper of an eating-house at Mojave, and Underhill, deceased, was a saloon-keeper and ice dealer in the same town. Plaintiff issued meal tickets representing twenty-one meals for a consideration of $5. Some of Under-hills employees took their meals at plaintiff’s place of business. For these meals tickets were issued to Underhill and he delivered the same to his employees, and when he settled with them he took from their wages the price of the meals so furnished by plaintiff.

The court finds that the price and value of such meals so furnished Underhill’s employees was $80; and, in addition, that during Underhill’s life plaintiff loaned him $500 in money.

Appellant was duly appointed administratrix of Under-hill’s estate and plaintiff duly presented his claim against the estate for the price and value of such meals so furnished and the amount of such loan; and the same being rejected, he brings this action. The court gave judgment for plaintiff. No appeal from the judgment was perfected within time, and the only appeal is from the order denying a new trial.

It is urged that the court erred in permitting plaintiff’s book…