SYLVANIA ELECTRIC PRODUCTS V. FLANAGAN
352 F.2d 1005 (1st Cir. 1965)
NATURE OF THE CASE: This was a dispute over the interpretation of the best evidence rule
in a contract dispute. Sylvania (D), general contractor, appealed a judgment in favor of
Flanagan (P), subcontractor, in a breach of contract action, alleging that the district
court violated the best evidence rule.
FACTS: Sylvania (D) hired Flanagan (P) to level off a hill so D could build a parking
lot. P quoted $13 per truck hour and proceeded with the work. When D presented a bill for
$25,267.50 for all the work, D refused to pay the bill. P sued D. During trail, P submitted
evidence on summarized tally sheets that showed the number of trucks on the site and the
hours they worked. Included in P's evidence was a summary of data on invoices and tally
sheets, a number of photostatic copies of bills and invoices sent to P by other truckers for
the rent of their trucks on the job site and copies of two bills sent by P to D for work
done. P testified that the data contained in his summary exhibit was the same that was
contained in the tally sheets. D objected to the evidence as it was secondary and thus
barred by the best evidence rule. The trial court then inquired as to whether P had the
tally sheets to which he replied he knew he had some at home but was not sure he had them
all. The court eventually allowed P's testimony that the information contained in the
invoices checked out with the tally sheets but no evidence existed that P performed a
reasonable and diligent search for the tally sheets. D objected. None of the tally sheets
were ever produced at trial. The verdict went to P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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