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Fisher v. Swartz
Massachusetts Supreme Judicial Court
130 N.E.2d 575 (Mass. 1955)
A plaintiff brought suit against a defendant to recover for labor and construction materials. During the plaintiff’s testimony at trial, he used a copy of a bill he had sent to the defendant in order to refresh his recollection of the contents of the bill. The bill was itemized and contained over 100 items. After the testimony, the trial court admitted the bill into evidence over the defendant’s objection. The trial court ruled in favor of the plaintiff. The defendant appealed.
Rule of Law
Holding and Reasoning (Spalding, J.)
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