Campbell v. Rice

SHAW, J.

This is an action whereby plaintiff seeks to recover from defendant the sum of $636.75 for materials used and money expended for labor performed in the construction of a building at the special instance and request of defendant. The allegations of the complaint were denied.

Defendant appeals from a judgment rendered in favor of plaintiff.

Some time after the commencement of the action, in April, 1911, plaintiff, in response to a demand therefor by defendant, delivered to him a bill of particulars of the account, consisting of several hundred items, upon which the action was based. At the trial plaintiff, for the purpose of proving the allegations of the complaint, produced a copy of this bill of particulars so served upon defendant, and called plaintiff’s bookkeeper to the stand, by whom he proved that during the construction of the building, which appears to have been commenced in April, 1910, and completed in July, 1910, he as bookkeeper had charge of and kept the accounts between plaintiff and defendant. He identified the document produced as a true and correct copy of a statement of account between the parties, showing the amount due from defendant to plaintiff for labor and materials used in the work. He was then asked: “Are those items correct there, as to the amount of the payments made?” to which he answered: “Yes, sir, they agree perfectly with my book, with my ledger.” “Q. Will you state to the court whether or not this is an exact copy from the book of original entry ¥ ” to which he answered: “It is, yes.” “Q. Made by yourself? A. I believe I even typewrited it myself.” He further testified that he copied it from his original order slips which were entered from the time books and pay-rolls; that he did not have a book showing the original entries, but had the original order sheets from which he made the statement after the suit was commenced. Upon this showing plaintiff tendered the said document in evidence, to which defendant interposed an objection

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that it was incompetent, irrelevant, and immaterial for the reason that it was not shown to be a book of original entries, and no foundation laid for its introduction. This objection was overruled and the paper admitted in evidence. In thus ruling the court clearly erred.