Gulfport Sash, Door & Blind Manufacturing Co. v. Town of Bond

Citations

• 95 Miss. 723
• 49 So. 260

Syllabus

<p>1. Municipalities. Receipt and use of building materials. Peremptory instruction. Evidence.</p> <p>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.</p> <p>2. Evidence. Parol to show contents of writing. Eon-production unexplained.</p> <p>Parol evidence is inadmissible to show the contents of a written contract, where the non-production of the writing is unexplained.</p>