Edwards v. Rives

Citations

• 35 Fla. 89

Syllabus

<p>1. A party to a suit against the guardian of an insane person can not be examined as a witness in regard to any transactions or communications between himself and such insane person, if such porson was insane at the time of such examination, unless the said guardian has testified to the same transactions and communications, or the testimony of such insane person thereto has been given in evidence.</p> <p>2. In a suit for the specific performance of a written contract for the sale of land, the denial of the alleged contract puts upon the plaintiff the burden of proof, and he must establish by clear and satisfactory evidence, not only the making of the contract, but the terms of it also, to entitle him to a specific perform anee thereof.</p> <p>3. Where a written contract has been lost, and a diligent bona fide, but fruitless, search has been made for it in all places where it would probably have been kept, secondary evidence of its contents is admissible.</p> <p>4 Where neither the language nor any part of the contents of a lost paper is given by the witness, his opinion as to the meaning or effect of the instrument is incompetent to prove its contents.</p> <p>5. An executory agreement for the sale of land which fails to describe or otherwise identify the land and name the purchase price and time of payment, is not enforceable in a court of equity.</p> <p>6. The proof of the contents of a lost paper ought to be clear and satisfactory.</p>