Gulfport Sash, Door & Blind Manufacturing Co. v. Town of Bond
Gulfport Sash, Door & Blind Manufacturing Co. v. Town of Bond
Opinion of the Court
delivered the opinion of the court.
The evidence introduced on behalf of appellant in the court below showed a delivery by appellant to the town of Bond of the building materials, to collect the value of which this suit was instituted, and the use thereof by the town of Bond in the erection of a schoolhouse. This evidence, if true and unexplained, would entitle appellant to recover. Methodist, etc., Church v. Vicksburg, 50 Miss. 601. We do not think these facts were sufficiently explained to bar appellant from a recov
The court was also in error in permitting appellee to prove by parol the terms o£ its written contract with Parcell, the contractor who built the sehoolhouse, without accounting, under well-settled rules, for the absence of the written instrument itself.
Reversed and remanded.
Reference
- Full Case Name
- Gulfport Sash, Door & Blind Manufacturing Company v. Town of Bond
- Status
- Published
- Syllabus
- 1. Municipalities. Receipt and use of building materials. Peremptory instruction. Evidence. In a suit against a municipality for tlie value of building material, evidence showing that the plaintiff delivered the material to tbe municipality and that it used the same in the construction of its public school building, precludes a peremptory instruction in its favor, in the absence of an uncontroverted affirmative defense. 2. Evidence. Parol to show contents of writing. Eon-production unexplained. Parol evidence is inadmissible to show the contents of a written contract, where the non-production of the writing is unexplained.