Stevens v. Equitable Manufacturing Co.

JAMES, Chief Justice.

This case was here on a former appeal. 60 S. W. Rep., 350. The pleadings have been made to conform to that opinion. The court instructed a verdict for plaintiff. The principal questions relate to the exclusion of testimony.

The third assignment is > that the court refused to allow defendant Stevens to testify to the contents of certain letters from plaintiff, upon proof of their loss. The proof of their loss, as shown by the bill of exceptions number 3, consisted of defendant’s statement that they were lost; that he had made diligent search for them and was unable to find…