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Federal Union Surety Co. v. Indiana Lumber & Manufacturing Co.

95 N.E. 1104 (1911)

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Federal Union Surety Co. v. Indiana Lumber & Manufacturing Co.

Indiana Supreme Court

95 N.E. 1104 (1911)

Facts

Peter Suzio (defendant) contracted to build a sewer for the City of South Bend. As part of the contract, Suzio agreed to pay for all the material he would need for the job. Suzio signed a bond to secure his performance under the contract. Federal Union Surety Company (Federal Union) (defendant) signed the bond as surety. Suzio contracted with Indiana Lumber & Manufacturing Company (Indiana Lumber) (plaintiff) to provide the lumber he needed for the sewer. When Indiana Lumber received an order, including the orders from Suzio, its clerk used an autographic register to create three original slips documenting the order. The register used a single impression to create three identical slips. Indiana Lumber delivered one of the slips to the customer with the order and retained the other two slips. At trial, Indiana Lumber sought to introduce slips it had retained documenting Suzio’s orders. Federal Union argued that the slips were not admissible under the best-evidence rule. The trial court ruled in Indiana Lumber’s favor. Federal Union appealed.

Rule of Law

Issue

Holding and Reasoning (Morris, J.)

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