Connolly

This is an appeal by defendant from a judgment for plaintiff for money due.

Facts

Plaintiff was the owner and defendant the manager of a store at Ontario, California, during July 1956 to January 1959. Serious shortages of inventory were discovered on annual check and plaintiff brought this action to recover $60,000 from defendant. The complaint is in three alternative counts, the first count being in the form of the common count of goods sold and delivered for which defendants agreed to pay; the second being in the form of the common count of money received by defendants for the use and benefit of plaintiffs; the third being in the form of the common count of money lent.

Nonsuit was granted as to defendant’s wife, Irene F. Connolly. Judgment was rendered in favor of plaintiffs and against appealing defendant in the sum of $60,000 and in favor of defendant on his cross-complaint in the sum of $2,649.42, for accumulated wages and retirement deposits. This appeal is solely from the portion of the judgment in favor of plaintiffs. Plaintiffs’ cross-appeal was dismissed by stipulation at the time of argument.

*24 Rulings on Evidence

Defendant’s first six contentions all involve…