## Facts

- A lumber and building-materials dealer sued a contractor to recover the price of materials recorded on the dealer’s books as sold on the contractor’s credit.
- The materials were ordered and obtained through a third party, who the dealer claimed acted as the contractor’s agent.
- The dealer introduced shop-book entries (including pass-book and ledger entries) charging the materials to the contractor.
- The dealer also introduced evidence about earlier dealings beginning in 1890, including the third party’s statements that he acted for the contractor and wanted charges and a pass book kept in the contractor’s name.
- Evidence showed the contractor’s conduct in 1890 included promises to pay for goods then charged and a request to leave the pass book with him for review.
- Although the earlier 1890 account had been paid and was not the debt sued upon, the dealer claimed the agency continued into the later period when the unpaid charges were incurred.
- The trial court entered judgment for the dealer, and the contractor appealed, challenging the admission of the shop-book entries and the 1890 transaction evidence.

## Issues

1. In an action to recover a book debt, may a party’s shop-book entries be admitted not only to show sale and delivery, but also as evidence that the sale was made to the defendant charged?
2. Is evidence of prior, paid transactions and related statements and conduct admissible to show the origin and continuation of an agency relationship relevant to later disputed charges?

## Decision

- The appellate court affirmed the judgment for the dealer.
- It held the shop-book entries were properly admitted as evidence tending to prove the truth of what was recorded, including that the sales were to the contractor.
- It held testimony about the 1890 dealings was properly admitted because it was relevant to show how the parties’ dealings began and to support the claim that the third party’s agency existed and continued into the later period at issue.

## Legal Principles

- In actions to recover a book debt, a statute making the parties’ book entries admissible permits their use as evidence of the truth of the entries, including the identity of the purchaser charged.
- The legislature may assign greater evidentiary effect to a category of proof than it had at common law.
- Evidence of earlier transactions, even if the earlier account is paid and not in dispute, is admissible if it logically tends to aid the factfinder in deciding a material issue, such as the existence and continuity of an agency relationship affecting later charges.
- Evidence may be relevant and admissible even when offered for a purpose other than proving the debt from the earlier transactions (e.g., to show authority, course of dealing, or continuation of agency).

## Conclusion

The court upheld a book-debt judgment by ruling that shop-book entries were admissible as substantive proof that materials were sold on the defendant’s credit, and that evidence of prior, paid dealings was admissible because it logically supported the existence and continuation of an agency relationship bearing on the later unpaid charges.


Plumb v. Curtis, 66 Conn. 154, 33 A. 998 (Conn. 1895)