Dairy & Ice Cream Supply Co. v. Gastonia Ice Cream Co.

The plaintiff undertook to establish the facts upon which it based its action by the testimony of its president, who read to the jury from a written statement purporting to show the numerous items constituting plaintiff’s claim. It was testified this statement had been made up by a bookkeeper under witness’ direction from the records in his office. The witness had no personal knowledge of the shipments of cans of frozen cream, except from the carrier’s receipts, or of defendant’s failure to return the empty containers, except from the reports placed on his desk. Defendant noted exception to…