Fisher v. Swartz

130 N.E.2d 575 (Mass. 1955)

Facts

This was an action in contract by P to recover for labor and materials alleged to have been furnished to D. P testified that he furnished labor and materials in repairing a house owned by D. P 'refreshed his recollection' from a carbon copy of an itemized statement of charges made for the labor and materials furnished by him. The statement contained more than a hundred items. The original had been sent to D. P offered it in evidence and D objected. The court admitted the bill into evidence. P got the verdict and D appealed.