Powell v. Pickett

The suit is upon the common counts. There were verdict and judgment for plaintiff. The assignments of error go to certain rulings on evidence allowed in proof of the account.

The account was for gas and oil sold at plaintiff’s filling station. The method of bookkeeping was by charge tickets made at the time by salesmen, and preserved as memorial of the sales.

A statement of account made up from such tickets, the original tickets being available, was subject to objection as secondary. Plaintiff’s testimony, however, tended to show personal knowledge of the correctness of the items. In such case,…