1 Cal. Unrep. 21
Decided February 18, 1856
California Supreme Court · decided 1856-02-18
Rogers and others, doing business in San Francisco as ‘ ‘ The Hide Company,” sued for a balance of account, to wit, $983.62, for money advanced to the defendant from time to time at .his special request between October 6, 1853, and March 20, 1855. The answer denied generally and also set up a counter-indebtedness, a balance of $603.50, for hides sold to the plaintiffs at times varying between October 6, 1853, and May 1, 1855.
Decided 1856-02-18
¶1— The defendant’s books were inadmissible as evidence, for two reasons: 1st. No account was kept in them of any dealings with the plaintiffs. 2d. If they established the fact of the number of cattle killed, it was admitted that the hides from those cattle were sold to others, as well as the plaintiffs, and therefore no certainty could be attained, as to the quantity which the plaintiff received.
¶2Judgment reversed and cause remanded.