Cloud v. Patterson
1 Stew. 394
Ala.
1828
Check Treatment
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 defen*395dant 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.