King v. Andrews

This was a suit for specific performance of a contract for the conveyance of real estate. The chief question was whether the purchase money had been fully paid; and upon that point the evidence was so conflicting that we are not authorized to distui'b the finding.

*430The appellant’s counsel argues a question as to the admissibility of parol evidence of the contents of a certain written agreement, and insists, very correctly, that a proper case for the allowance of such parol evidence was not made by preliminary proof of the loss of the writing; but, though the court below erroneously ruled…