Ellis v. Sharp

KEY, Associate Justice.

Opinion on Motion for Rehearing.—At a former sitting this court reversed and remanded this cause, holding that the trial court erred in permitting the plaintiffs to- resort to secondary evidence to prove the terms of the written contract sued upon. After further consideration of the question on motion for rehearing, aided materially by the printed argument filed by appellee’s counsel, we- have reached the conclusion that our former decision was wrong, and that the ruling of the trial court was correct.

This suit is based upon a written contract, an alleged copy of which…