95 Kan. 493 | Kan. | 1915
The opinion of the court was delivered by
The defendant appeals from a judgment in plaintiff’s favor for a balance claimed to be- due for the purchase' price of thirteen cars of coal sold and delivered to the defendant by Robert Locke who assigned his claim to the plaintiff. The petition alleged that tlie coal was sold at mine weights and upon agreed prices and terms. The answer was a general denial with a cross-petition asking judgment against the plaintiff because of- alleged- shortages in weights of the
It is seriously insisted that the court committed error in admitting copies of the bills of lading because they were not the originals. It seems that they were made in triplicate by impression sheets. They were made by Locke, one copy it seems given the railway company, one copy sent to the defendant through the bank with the draft attached, and one- copy retained by himself. Carbon impressions of papers of this kind made at the same time are the same as originals.
“It is not material which one is mailed and which one retained by the writer and either one may be offered as primary evidence of the contents of the letter. (Glass Co. v. Pierce, 87 Kan. 548, 549, 125 Pac. 108.)
There was no error in permitting the plaintiff to prove the weights of coal at the mines'. The testimony showed that those were the weights which by the con
We find no error in the record and the judgment will be affirmed.