Janchar v. Cerkvenik

In determining this question it is well enough to keep in mind as bearing upon the contention that oral proof is incompetent, that the loss or destruction of the instrument of writing or defendants’ refusal to produce it, in no manner affects the validity or force and effect of the instrument of writing, for whose existence the secondary proof was offered and rejected. This instrument of writing could only be invalidated by mutual consent, by cancellation, or the final discharge of its terms. Therefore it must be admitted that the loss of the instrument or the refusal to produce it, in no way…