Buckley v. Maryland Paving Co.

Citations

• 132 Pa. 572
• 19 A. 341
• 1890 Pa. LEXIS 855

Syllabus

<p>(a) In a suit for work and labor performed during a continued period, plaintiffs’ bill of particulars included items for work between August 4th. and 18th. At the trial, upon call by plaintiffs, defendant produced statements of account which had been furnished by plaintiffs, and had formed the basis of bi-weekly settlements between the parties.</p> <p>(5) The statements produced covered the entire period except between August 4th and 18th for which time no statement was produced, and they were relied upon by plaintiffs as proof of their claim. The last one, dated November 9th, three days before suit was brought, began with a balance for bills rendered, and was the only one containing such an item.</p> <p>(c) Plaintiffs’ testimony was, that in several interviews with defendant’s agent, after all statements were given him, he made no objection to any of them, and that he admitted having received one for the period between August 4th and 18th; while the defendant’s testimony was that the work b.etween those dates had not been done by plaintiffs:</p> <p>1. In such case, it was not error for the court to admit iu evidence the item in the statement of November 9th as to balance for bills rendered; nor to refuse to rule that there was no evidence in support of plaintiffs’ claim for items between August 4th and 18th sufficient to take it to the jury.</p> <p>2. Nor was it error for the court to rule that, inasmuch as the defendant admitted receiving a statement covering the period between August 4th and 18th, and also the one dated November 9th, and made no objections to them, the jury might take the latter statement, starting with a-balance, as prima facie evidence of plaintiffs’ demand.</p>