Frank De Latour, Inc. v. Boscareno

This is a suit on an open account for goods and merchandise alleged to have been sold and delivered by plaintiff to the defendant. Defendant filed a general denial.

There was judgment in favor of defendant dismissing the suit, and plaintiff has appealed.

The record' shows that when the defendant was placed on the stand for the purpose of cross-examination, he admitted the amount sued for was correct; that the merchandise was sold azid delivered to him; and that the price was fair and reasonable. When defendant sought to introduce evidence tending to show payment of.the account, plaintiff…