Robinson

This is an action brought by plaintiff against the defendant as administratrix of the estate of William Robinson, deceased, for merchandise sold decedent, a claim having been presented to the estate and denied. The matter proceeded to trial before a court sitting without a jury and judgment was rendered in favor of the plaintiff in the *451 sum of $3,250 plus costs from which judgment defendant appeals.

The complaint alleged that the sum of $3,250 was owed to plaintiff by William Robinson for merchandise sold to Robinson and for rent of the service station at 3130 West Pico Boulevard, Los Angeles. In their joint pretrial statement the parties stipulated that at the date of his death Robinson was the owner and operator of a filling station business at the above address and for some time prior to his death had been buying merchandise and leasing the premises on a monthly rental basis from plaintiff. The sole issue to be determined at the trial was the amount owed to plaintiff by decedent.

At the trial plaintiff introduced evidence through one of its accountants that merchandise had been sold to a William Robinson at 551 West Jefferson Boulevard, Los Angeles, and at the address…