Davis v. Davis

The jury properly found against the defendant Philander J. Davis on the question of the cancellation of the agreement of August 12, 1918. The defendant’s version of the destruction of this agreement is incredible. There is no more reason for its destruction as testified to by him than there was for the destruction of the settlement agreement of June 6, 1918. The agreement alleged to have been destroyed was of no force after the failure of the parties to agree upon the distribution of the property covered by the trust agreement and there was no occasion for its destruction. He testified that…