Townsend v. Townsend

5 Del. 125

Opinion

By the Court:

The plaintiff’s book of accounts is not evidence of cash lent or of cash paid. It is not sufficient evidence in itself of a balance due on a settlement between the parties; the entry of “a bay horse $45,” needs confirmation by other evidence of the sale and price; a horse is not an article of ordinary merchandise; “ tallage and tavern expenses” must be a charge for cash paid for tallage and tavern expenses; arid is not proper. The “ lot of wheat on the ground” also needs confirmation.