Grant

Grant v. Dreyfus

Good Law
1898 Cal. LEXIS 1076·5 Cal. Unrep. 970·52 P. 1074
Supreme Court of CaliforniaApril 9, 1898L. A. No. 323California1,808 words

Opinion

Lead Opinion

Chipman, J.

Action to recover a balance of $1,773.94, alleged to be due to plaintiff from defendant on an account for wood, for services, and for pasturage. Defendant pleaded the general denial, the two year statute of limitations, and affirmatively set up an agreement that the stock for which pasturage was charged was to be pastured free in consideration of their use. The pleadings are verified. Defendants also offered to confess judgment for $147.79. The trial was by jury, and plaintiff had a verdict for $598.89. The appeal is from the judgment and is presented by bill of exceptions.

1. Defendant claims that the evidence is insufficient to support the verdict and judgment. Most of his brief is devoted to the claim that the account-book of plaintiff is not a book of original entry, but is a fabrication. The proof of plaintiff's case rested upon the integrity of the entries in this book. There was practically no evidence independent of the book itself in support of plaintiff’s claim. The items of charge in the book begin as early as December 1, 1890, and run down to June, 1895. Defendant introduced certain dealers in stationery to prove by a cost mark found in the book that it *972 came from…

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