The determinative distinction between that case and the one at bar is this: In the former, sufficient records were actually kept but not preserved (a question with which we are not concerned at the moment), whereas in the present case, under the conceded facts, such records were not only not preserved but they were not kept in the first place. The complainant also relies upon the case of Taylor v. Globe Rutgers Fire Ins. Co. et al., 14 Tenn. App. 538. As was true of the Cates case, that one is distinguishable upon its facts from the case at bar.