McFarland v. . Patterson

The court permitted the plaintiff to give parol evidence to support the second count in his declaration, which was for the sale and delivery of a yoke of oxen, cart, and log-chain, and were the principal subjects of the agreement mentioned in the first count. The plaintiff obtained a verdict (after all the evidence of each party was given in) for $15.

A new trial was moved for because the court had permitted parol evidence to be given without sufficient evidence of the loss of the written agreement, which was overruled and appeal taken to this Court. We are of opinion that the loss of the…