Wright v. Loaiza

RICHARDS, J., pro tem., Dissenting.

I dissent.

The facts of the ease are correctly set forth in the main opinion. In our view, however, the only question in the ease is as to whether the entries made in the boobs of the plaintiff’s assignor constitute an open book account as to the defendant Dolores Loaiza.

The account sued upon has all the elements of a book account according to the definition of that term. It was entered in a book; it was a detailed statement in the nature of debit and credit, arising out of a contract; it contained the names of a creditor and debtor; so far as the defendant…