Mellott v. Mellott
Superior Court of Pennsylvania
Appeal, No. 280, Oct. T., 1912, by plaintiff, from judgment of C. P. Fulton Co., March Term, 1912, No. 45, on verdict for plaintiff in case of Walker Mellott v. Rowe Mellott. Assumpsit for balance of account. Before Swope, P. J. The opinion of the Superior Court states the case. ' Verdict and judgment for plaintiff for $125.87. Defendant appealed.
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Appeal, No. 280, Oct. T., 1912, by plaintiff, from judgment of C. P. Fulton Co., March Term, 1912, No. 45, on verdict for plaintiff in case of Walker Mellott v. Rowe Mellott. Assumpsit for balance of account. Before Swope, P. J. The opinion of the Superior Court states the case. ' Verdict and judgment for plaintiff for $125.87. Defendant appealed. Errors assigned were to the admission of various slips and memoranda referred to in the opinion of the Superior Court. cited: Forsythe v. Noreross, 5 Watts, 432. cited: Vallee Bros. Electrical Co. v. North Penn Iron Co., 32 Pa. Superior Ct. 111.
1Opinion of the Court
Opinion by
Orlady, J.,
All the assignments of error challenge the action of the court in admitting in evidence, under objection, certain memoranda alleged to be books of account and original entries showing the transactions between these parties. Standing alone the objections were well taken, *616but in the light of the other evidence in the case they did the defendant no material harm.
The plaintiff and defendant were engaged in the manufacture of lumber; each filling orders as they were received from the trade. The defendant was unable to fill his orders and orally arranged with the plaintiff to…
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