Brady v. Ranch Mining Co.

The appeal is from an order denying defendant's motion for a new trial. There are nineteen counts in the complaint, each presenting a separate cause of action assigned to plaintiff. The findings and judgment were in favor of plaintiff as to all the counts except three, which were dismissed at the trial. Appellant questions the sufficiency of the evidence only as to the first, fourth, fifth and sixteenth counts of the complaint. The first cause of action is upon an account stated, and the point urged in this connection is that the account was admitted without sufficient preliminary proof of…