Wilkes-Barre Automobile Co. v. Malinowski

Citations

• 57 Pa. Super. 118
• 1914 Pa. Super. LEXIS 160

Syllabus

<p>Evidence — Action for services and material — Book account.</p> <p>1. In an action to recover for services and material, where plaintiff avers in his statement of claim that the services and material were furnished in repairing an automobile, and were of a value stated “as set forth in plaintiff’s book of original entries,” attached to the statement, and at the trial the court rules out the book of account offered because not a book of original entries, the plaintiff may by other evidence show the services and material furnished, and the value thereof.</p> <p>Evidence — Action for material and services — Principal and agent.</p> <p>2. In an action to recover for services and material furnished for repairing an automobile, where the defendant claims that the automobile was the property of a brewing company of which he was manager, and offers some evidence in support of his contention, and the plaintiff offers proof that the defendant bought the automobile, paid for it with his own money, took out a license and insurance in his own name and apparently had the exclusive private enjoyment of it, the question of ownership is, on the conflicting testimony, for the jury.</p>