Schaumburg v. Grishman

On the Merits.

This suit was before us in June, 1925, on a motion to dismiss the appeal, on the ground that, due to the fault of defendant, who is the appellant, the parol evidence adduced on the trial had not been preserved, and therefore was not in the transcript. The motion to dismiss was denied on the ground that, if in passing upon the case, it should become necessary to examine the evidence, and it appeared that the failure to preserve the evidence is not attributable to the fault of appellant, the judgment appealed from might be set aside, and the case remanded to be tried again, and,…