Gille

This is an action in which the plaintiff declared upon an open book account, and was given judgment for $1,211.50. The defendant appeals, and insists that “there is no evidence of an open book account.” At the trial tho accounts of the plaintiff were in court, and the plaintiff read the items from them in giving his testimony, or they were read to him by his attorney. No objection was made to this method of proving the plaintiff’s claim. Having failed to object at the trial to this method of proof, the defendant cannot now be heard to complain of it, for it is well settled that if a party permits his adversary to prove his case by secondary evidence, he cannot afterward object that better evidence should have been produced. The secondary evidence is, under the circumstances, sufficient. (Wright v. Roseberry, 81 Cal. 87 , [ 22 Pac. 336 ]; Williams v. Hawley, 144 Cal. 97, 102 , [ 77 Pac. 762 ].)

Defendant makes -the further point that “the evidence shows that if there was any account the account was stated between the parties.” To establish this he relies upon a statement made by himself at one time to the effect that he was liable for a part of these bills; but this statement was…