Lightfoot v. Head & Cain

1. “ The written notice' of claim for attorney’s fees required by the proviso to the act of 1900 (page 53) [Civil Code of 1910, § 4252] is itself the best evidence of its contents. In the absence of other proof of the service of such notice upon the defendant, the proper foundation for the introduction of secondary evidence must be laid, before parol evidence as to the service, nature, or contents of such notice, is admissible. It is error to allow parol evidence as to the contents of such notice, or to refuse, upon proper motion, to exclude such parol evidence, where the defendant has not…