Owen v. Rothermel

Citations

• 21 Pa. Super. 561
• 1902 Pa. Super. LEXIS 410

Syllabus

<p>Evidence — Books of account — Refreshing memory.</p> <p>Where a bill book is not a book of original entries, has not been offered in evidence, and has been shown to have been made up by a clerk from memoranda furnished him by others, such clerk cannot be permitted to testify as to sales and deliveries by refreshing his memory from the bill book.</p> <p>Evidence — Opinion of witness — Contradiction—Partner.</p> <p>Where a partner on the witness stand has given an opinion as to the construction of a written instrument, a letter written by another partner expressing a different view is not competent to contradict the first partner’s testimony.</p>