Danielson v. Dyckman

The action in this case was to recover the price of wheat sold, and which the defendant below, who is plaintiff in error, claimed to have paid by an order on a third person. There had been a default in the case, and an assessment of damages by the court, which was afterwards set aside to permit the defendant to plead. On the trial the defendant offered in evidence the memorandum made by the clerk on the assessment of. damages, in order to show that the plaintiff had treated the order as his own; but the court rejected it, and the defendant excepted. We think the ruling correct. The plaintiff…