Diament v. Colloty

Magie, Chancellor

(concurring).

I concur in the view expressed in the opinion of Mr. Justice Garretson, that reversible error is disclosed in respect to the refusal of the trial judge to properly submit to the jury the question whether defendant had employed plaintiff to do the work for which compensation was sought.

I also agree that the books of account offered by plaintiff were properly admitted in evidence. While the entries in the day-book were made some time after the work was done, they were made, under the circumstances, in the due course of business, and were an itemized record of work…