Landis v. Turner

Citations

• 14 Cal. 573

Syllabus

<p>In' suit on an account for services rendered and materials furnished, in the course of his trade, and for articles furnished from his farm, by plaintiff, who was a blacksmith and farmer, he is a competent witness to prove to the Court his book of original entries, as preliminary to the introduction of the book in evidence. And having testified, that the book was kept by himself, that it was his book of original entries in whicli he kept his accounts, that the entries were made by him at the time they purport to have been made, that he kept no other books and had no Clerk, the book was sufficiently proved to be admitted in evidence.</p> <p>And being admitted, its entries, accompanied with proof of the party’s reputation, in the neighborhood, of keeping correct accounts, by persons who had dealt with him, were sufficient, prima facie evidence of the specific services rendered and their value, and of the specific materials furnished and their price, it not appearing that any higher evidence was attainable.</p> <p>The fact, that the charges are first made on a slate, and then transferred to the book, does not affect the character of the hook as one of original entries, the charges on the slate being mere memoranda, not intended to be permanent.</p> <p>But the transfer must not be long delayed; otherwise, the hook will be rejected, unless the delay be satisfactorily explained, A delay of three days is not unreasonable.</p>