Sylvania Electric Products v. Flanagan

Paul L. Flanagan (plaintiff) hauled material for Sylvania Electric Products, Inc. (defendant) under an alleged oral agreement paying $13 per truck per hour, ultimately billing $25,267.50 for 1,932.5 hours of hauling, which Sylvania refused to pay; Flanagan sued for breach of contract and, at trial, introduced invoices and a summary based on daily tally sheets rather than the tally sheets themselves. Flanagan admitted he sometimes did not keep tally sheets after checking them against invoices, but evidence showed he actually possessed some tally sheets even after Sylvania began disputing payment, and he admitted he might still have some at home; despite the court suggesting he produce any tally sheets in his possession, he never did, and the jury returned a verdict for Flanagan over Sylvania's objection to the secondary evidence.