This section contains the nature of the case and procedural background.

Herzig's (P) decedent was a partner in a construction firm. To prove damages, P offered testimony of one of the other partners as to the value of the business and decedent's share. Swift (D) objected to the testimony because of the best evidence rule, arguing that the firm's books should have been produced. The court sustained the objection and dismissed the case. P appeals.

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Legal analysis from Dean's Law Dictionary will be displayed here.