Montgomery Ward & Co. v. Smith

SHERICK, PJ.

The plaintiff in error says that he should not be penalized by reason of this omission from the bill of exceptions, and we are not inclined to so do in this case, for the reason that the pertinent facts or contents of the lost letters are set forth in the brief of the defendant in error, and are in part supporting of Smith’s case. The plaintiff in error concedes that the extracts of these lost letters so appearing are true, and in order that justice may be done in this review we are disposed to consider the merits in this matter as if these letters had not been lost and were a…