Cloud v. Patterson , 1 Stew. 394 ( 1828 )

By JUDGE WHITE.

The question is, whether the Court erred in the opinion given on the trial as stated ? We think not. There ivas written, and therefore, superior evidence of the contract of sale admitted to exist, than that offered by the defendant below. Hence it was right to exclude the latter, until the nonproduction of the former was accounted for in a way recognized by law. Let the judgement be affirmed. ■

Note. See Minor’s Ala. Rep. 410, 71, 257Í 270v Shortridge and Ellis, for the plaintiff. Parsons, for defendant. Judge Saeeold not sitting.