Massachusetts Supreme Judicial Court January 15, 1867 (Baker v. Gerrish)

Wells, J.

The defendant’s first exception is to the admission of paroi proof of the contents of a written paper, without proper evidence of its loss. It was an order for lumber, addressed by the defendant to Nathan Fowler, or N. Fowler & Co. The plaintiff could recover for lumber delivered in pursuance of it only by proof of the receipt and acceptance of the lumber by the defendant.