Sloan v. Grimshaw — 9 Del. 326

Majority

p. 326

Samuel Sloan v. Arthur H. Grimshaw.

Headnote

Plans of an architect for the erection of a building are not matters properly chargeable in a book account, or to be proved by a copy of it appended to an affidavit of a cause of action.

The action in this case was on a book account which was as follows:

Dr. Grimshaw, Wilmington, Del., Dr.

To making plans for alteration for changing Seminary building into two dwelling houses, Wilmington, Del., - - - - $100.00

The plaintiff’s affidavit of the cause of action duly taken and annexed to it, stated that the foregoing account which purported to be a copy of his book of original entries, was the cause of action in the suit, and that the sum demanded with interest to date he verily believed was justly and truly due &e.

p. 327

Bird, for the plaintiff,

now, at the first term moved for judgment thereon in favor of the plaintiff for the want of an affidavit of defence to it by the defendant.

Whitely, for the defendant,

objected to the entry of judgment upon it,because the item was not a matter properly chargeable in a book account, or properly to be proved by a copy of it under the statute in relation to judgments on such affidavits.

so considered and refused to enter judgment upon it.