Lampert Lumber Co. v. Fleisher
Supreme Court of Minnesota
Action in the district court for Waseca county to recover from Samuel Fleisher, doing business as the Fleisher Construction Company, and the New Amsterdam Casualty Company, a balance of $1,417.95 for lumber and building material sold to defendant Fleisher.
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Action in the district court for Waseca county to recover from Samuel Fleisher, doing business as the Fleisher Construction Company, and the New Amsterdam Casualty Company, a balance of $1,417.95 for lumber and building material sold to defendant Fleisher. The separate answer of defendant Fleisher alleged that the material furnished was worth only $3,299.05. The case was tried before Rockwood, J., who made findings and ordered judgment in favor of plaintiff for $1,321.85. From an order denying their motion for a new trial, defendants appealed.
1Opinion of the Court
Taylok, C.
The sole question to be decided in tbis case is whether -plaintiff’s account books, consisting of a journal and ledger, were admissible in evidence, without the production of the memorandum books from which a part of the entries in the journal were taken.
Plaintiff had a lumber yard at Waldorf, Minnesota, conducted by an agent named Hickey, assisted by a yardman named Berg. Defendant Fléisher, who will be designated as defendant hereinafter, was engaged in constructing a schoolhouse at Waldorf and purchased lumber from Hickey at this yard from time to time as needed in the work.…
2Cases cited5 opinions
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Webb v. MichenerSupreme Court of Minnesota · 1884
- American Bridge Co. v. HonstainSupreme Court of Minnesota · 1910
- B. Presley Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1913
- Keller Electric Co. v. BurgSupreme Court of Minnesota · 1918
3Cited by2 opinions
- Banner Grain Co. v. Burr Farmers Elevator & Supply Co.Supreme Court of Minnesota · 1925
- State v. ThorntonSupreme Court of Minnesota · 1928