50 Minn. 52 | Minn. | 1892
In this case, which was an action to recover for services rendered as a surgeon and for drugs and medicines furnished by plaintiff on divers dates, the defendant, pursuant to 1878 G. S. ch. 66, § 105, served written notice of demand for a copy of plaintiff’s account, which was disregarded. At the trial the defendant at the proper time objected to evidence of the account, for the reason that the demand had not been complied with, and the objection was overruled. The statute is explicit that, upon failure to furnish the copy when demanded, the party shall “be precluded from giving
The admissions of the answer were not such that the plaintiff could have had a recovery without proof, and" that proof he was precluded from making.
Order reversed.