Midway Forest Products v. Zeagler

YELVERTON, Judge.

Zeagler Lumber Company appeals a judgment for $18,872.97 in favor of Midway Forest Products, for two orders of lumber delivered in late 1983. At trial, Zeagler presented no evidence in its defense, relying entirely upon the weakness of the seller’s proof of delivery. This appeal argues the improper consideration by the trial judge of photocopies of signed delivery tickets, disregarding the availability of the original tickets, in violation of the best evidence rule. We find there was evidence independent of the delivery tickets sufficient to furnish the required corroboration…