Francis L. Sauget v. Herbert J. Johnston

On or about the 28th day of January 1954, appellant and appellee entered into-a written joint venture agreement and pursuant thereto, conducted business operations.

Disagreements arose and appellee in-situted suit for dissolution of the joint venture and an accounting. Issues were joined and the case went to trial. During the course of the trial, appellee introduced a copy of the joint venture agreement, which the trial court admitted as being “an exact copy of the original.”

The trial court ordered an accounting and referred the cause to a special master, who in due time made his report. Over the objection of the appellant, the master’s report was accepted by the trial court; and judgment was entered in favor of appellee. On appeal here appellant assigns as error: (1) the admission in evidence of an alleged copy of the joint venture agreement; (2) the acceptance by the trial court of the master’s findings of fact and the adoption by the court of his report; and (3) the determination that the applicable statute of limitations had not run.

As to the first assignment of error, it is claimed that a copy of the agreement was admitted in evidence in violation of the best evidence…