Citations
- 164 S.W. 442
Full opinion text
WILLSON, C. J.
(after stating the facts as above).
On January 1, 1912, plaintiff, assisted by his wife, made an inventory of his stock of merchandise. In making the inventory, plaintiff counted and measured the articles, stating the name, quantity, and cost thereof to his wife, who, standing by his side, wrote down same in a book. After plaintiff had testified that, in making the inventory, he called the names, quantity, and cost price of the articles correctly, and saw that his wife entered same correctly on the book, the inventory was offered as evidence. Appellant objected to same, on the ground that it appeared the entries were made by plaintiff’s wife, who had not testified to the correctness thereof. The objection was overruled, and the inventory was admitted as evidence. As supporting its contention that the court erred in admitting the inventory, appellant cites Ins. Co. v. Bank, 30 S. W. 384, and Baldridge v. Penland, 68 Tex. 441, 4 S. W. 565. In the case first mentioned it appeared that the books offered as evidence were, during a part of the time they covered, kept by a partner who did not testify, and during the remainder of the time by a partner who did testify, and that no one had testified to the correctness thereof. It is obvious, we think, that the case does not support the appellant’s contention. The inventory in question was not made at different times by different persons, and its correctness was shown by the testimony of the plaintiff, who, jointly with his wife, made it. The other case cited is not more in point. The assignment is overruled.
It appeared that in some instances, where the entry in the inventory was of several articles of the same valúe, mistakes were made in stating the aggregate value of the articles, as, for instance, in this entry: “36 men’s shirts, cost 82%^, $28.70”; ' the mistake being in stating the aggregate value of the 36 shirts to be $28.70, instead of $29.70. A copy of the inventory, in which the errors referred to were noted and corrected in this way, to wit: “36 men’s shirts, cost 82%