Shop

A place kept and used for the sale of goods.

Com. v. Riggs, 14 Gray (Mass.) 378, 77 Am. Dec. 333.

A ‘building as distinguished from a place of sale which is open like a stall.

Richards v. Ins. Co., 60 Mich. 426, 27 N. W. 586.

In order to constitute a shop there must be some structure of a more or less permanent character; 6 B. & S. 303. As used in a statute it is a house or building in which small quantities of goods, wares, or drugs and the like are sold, or in which mechanics labor, and sometimes keep their manufactures for sale. State v. Morgan, 98 N. C. 643, 3 S. E. 927. tries or charges are made of work done, or goods sold and delivered to customers, commonly called “account-books,” or “books of account.” The party’s own shop-books are in certain cases admissible in evidence to prove the delivery of goods therein charged, where a foundation is laid for their introduction. The following are the general rules governing the production of this kind of evidence. First, that the party offering the books kept no clerk; second, that the books offered by the party are his books of account, and that the entries therein are in his handwriting; third, it must appear, by some of those who have dealt with the party and settled by the books offered, that they found them correct; fourth, it must be shown that some of the articles charged have been delivered. Where entries are made by a clerk who is dead, such entries are admissible in evidence on proof of the handwriting; Steph. Ev. art 38; Boyer v. Sweet, 4 111. (3 Scam.) 120; Linnell v. Sutherland, 11 Wend. (N. Y.) 5G8; 1 Greenl.

Ev. § 117; 1 Smith, Lead. Cas. 282.

Where menjoranda made during the day by one, are at night transcribed to a book by another, who did not know the truth of the facts recorded by the former, the book is not competent testimony and cannot be used to refresh his memory; Chicago Lumbering Co. v. Hewitt, G4 Fed. 314, 12 C. C. A. 129, 22 U. S. App. G4G. See Original Entry; Memorandum; Account Book.