
    Mark R. Muckle et al., Resp’ts, v. Arthur H. Rennie, App’lt.
    
      (City Court of New York, General Term,
    
    
      Filed November 16, 1891)
    
    1. Contract—Value of work performed.
    In an action for materials and labor furnished in making steam connec- , tians of an engine to drive a dynamo, plaintiff testified that he had seen the work and materials and that they were worth the sum claimed, and also introduced his books in evidence. Defendant, who had not seen the work, testified that it was not worth the sum claimed. Held, that a verdict for plaintiff was not against the weight of evidence.
    2. Same—Evidence—Books of account.
    Plaintiff’s books of account were admissible as part of the res gestae upon proof by the book-keeper that they were correctly kept and the entries made in the course of business immediately after the transactions occurred and proof by plaintiff that all the items included therein had been furnished and performed for defendant.
    Appeal from judgment entered on verdict for plaintiffs.
    
      W. Lee Cannon, Jr., for resp’ts ; W. L. Groo, for app’lt.
   Van Wyck, J.

Plaintiff sues for materials furnished and labor performed, at defendant’s request, in and about the starting of a new electric plant at Salem, N. J., and in making steam connections of an engine to drive an Arc Dynamo which defendant wanted ready for use in two or three days from time of delivery of the engine.

Plaintiff testified that he had seen the work and materials which were performed and furnished in and about the engine and its connections, and that the same were reasonably worth the sum sued for.

The defendant, who had not seen the work, testified that it was not worth near so much as the plaintiff claimed.

The plaintiff’s books of original entry were properly admitted ■as a part of the res gestae, for the bookkeeper testifies that the books were correctly kept and the entries were made in the regular course of business immediately after the transactions occurred, and the plaintiff testified that all of the work and materials as itemized in these books were performed for and furnished to the defendant. The competency of the witness Vail to testify as to the values is shown on page 33, where he says that he was assistant manager for the Westinghouse Go., whose business is steam engineering, for six and a half years. dSTo errors of law seem to have been made, and the verdict is not against the weight of evidence.

Judgment affirmed, with costs.

Newburger, J., concurs.  