Ruffin v. J. & M. Schwabacher, Ltd.

It may be conceded, although not here decided, that the account sued on was not properly itemized and that the evidence in support there'of introduced by appellee „ was improperly admitted; nevertheless the assignment of error addressed to- that point is not well taken, for the reason that appellant later in the trial took the witness stand and, testifying in his own behalf, admitted the correctness of the account sued on, as a fair construction of his testimony will disclose. The effect of his testimony was that he admitted the account sued on and the correctness of the amount thereof, but…