Terry v. American Fruit Growers, Inc.

The objection is overruled. With respect to the first ground, the witness has testified that he received the proceeds from the sale of each car of apples sold by the plaintiffs and entered the amounts so received in his books at the time; that any testimony that he may give in response to the question, in case his present recollection shall be revived by his books, will not violate the hearsay rule is, therefore, clear.

With respect to the second ground, the question is not whether the account books of the plaintiffs, in which transactions with third persons are recorded, are admissible in…