Kerns v. McKean

Citations

• 76 Cal. 87
• 18 P. 122
• 1888 Cal. LEXIS 826

Syllabus

<p>Evidence—Books of Account—Contbact fob Sale of Land—Nonfayment of Purchase Price. —In an action by a vendor to a contract for the sale of land to recover the possession thereof, on the ground that the vendee had not performed the conditions of the contract with respect to the payment of the purchase price, the books of account of the vendor, showing part payment of the purchase price on certain days, are not admissible to establish that no further payments had been made, when there is no evidence that the book was one of original entries, and when the person who kept the same, being present at the trial, does not testify that the entries were made at the date of the transactions they purport to record, or that the entries were correct of his knowledge when he made them.</p>