116 Kan. 520 | Kan. | 1924
The opinion of the court was delivered by
The defendant sold to the plaintiff a quantity of wheat, which was paid for on the basis of 3,097.85 bushels having been delivered. This action was brought to recover a part of the payment on the ground that only 3,000 bushels had in fact been delivered. Judgment was rendered for the defendant, and the plaintiff appeals. .
A witness for the defendant testified that at the threshing of .the wheat he kept track of the loads, keeping a memorandum of the number in a book; that some loads were hauled to the granary on the premises; that 76 loads were hauled altogether, of which 58 were taken away from the premises, purporting to go to Anness, where the delivery to the plaintiff was to be made, and were started by him in that direction. The entries in the book were admitted in evidence over the plaintiff’s objection, and complaint is made of that ruling. The plaintiff contends that the writing was not covered by the language of the statute reading: “Entries in books and other writings intended as records of sales, purchases, receipts, payments, deliveries, weights, measures, time, transactions or events, made in the regular course of business of any person, firm, corporation or public officer, as a record of the matters to which they relate, at or near the time of the transaction or occur
The judgment is affirmed.