Barber v. Lane

The only question presented on this appeal is the allowance of certain credits to the defendant in an action brought against him by the plaintiff for goods sold and delivered. The amount of the sales was admitted, but the balance due on the running account between the parties was disputed. The plaintiff claimed that, after giving the defendant credit for all items to which he was entitled, there remained an unpaid balance of $153.96. The defendant claimed that this sum should be reduced by payments, value of returned merchandise, and agreed allowances not credited. Judgment was rendered for the plaintiff for $22.48. The record is barren of proof to sustain the reduction of plaintiff’s claim to that extent. Were we able from the return to discover with accuracy the true balance of account, we would modify the judgment accordingly. But the evidence was presented in such a disjointed and unsatisfactory manner that, beyond disclosing a complete failure to prove the full amount of credits allowed, it is inconclusive. The judgment must be reversed, and a new trial ordered. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.