#### J. O. BUSICK and W. H. GENTRY, Trading as D. W. BUSICK’S SON, v. W. M. COLLINS.

(Filed 22 January, 1930.)

Civil actioN, before MacBae-, Special Judge, at February Term, 1929, of RooKINGham.

Tbe plaintiff instituted an action against tbe defendant to recover tbe sum of $219.20 for goods sold and delivered to members of tbe family of defendant. Tbe defendant denied liability upon tbe account, and tbe cause was beard before tbe recorder, wbo rendered judgment for tbe plaintiff. Thereupon tbe defendant appealed to tbe Superior Court.

At tbe conclusion of tbe evidence tbe trial judge dismissed tbe action, and tbe plaintiff appealed.

Brawn & Trotter for plaintiff.

No counsel for defendant.

Per Curiam.

Tbe verified itemized statement offered in evidence was competent. Wright Co. v. Green, 196 N. C., 197, 145 S. E., 16.

Furthermore, tbe itemized statement was not objected to at tbe time it was offered and admitted.

Irrespective of tbe itemized statement, there was testimony, which, if true, tended to establish tbe liability of defendant.

Reversed.