Books of original entry, when duly proved, are primd fame evidence of goods sold and delivered, and of work and labor done. See ORIGINAL ENTRY.
18. Proof by witnesses. The testimony of witnesses is called oral evidence:or that which is given viva vote, as contradistin guished from that which is written or docu mentary. It is a general rule that oral evi dence shall in no case be received as equiva lent to, or as a substitute for, a written instru ment, where the latter is required by law; • or to give effect to a written instrument which is defective in any particular which by law is essential to its validity ; or to contradict, alter, or vary a written instrument, either ap pointed by law, or by the contract of the , parties, to be the appropriate and authentic memorial of the particular facts it recites ; for by doing so, oral testimony would be ad. mated to usurp the place of evidence de cidedly superior in degree. 1 Serg. & R. Penn. 27, 464 ; Add. Penn. 361 ; 2 Dall. Penn. 172 ; 1 Yeates, Penn. 140. 1 Binn. Penn. 616. 3 Marsh. Ky. 333 ; 1 Bibb, Ky. 271; 4 id. 473 ; 11 Mae. 30 ; 13 id. 443 ; 3 Conn. 9 ;
12 Johns. N. Y. 77 ; 20 id. 49 ; 3 Camph. 57 ; 1 Esp. Cas. 53 ; 1 Maule & S. 21 ; Bunb. 175.
But parol evidence is admissible to defeat a written instrument, on the ground of fraud, mistake, etc., or to apply it to its proper subject-matter, or, in some instances, as an, cillary to such application, to explain the meaning of doubtful terms, or to rebut pre sumptions arising extrinsically. In these cases, the parol evidence does not usurp the place, or arrogate the authority of, written evidence, but either shows that the instru. ment ought not to be allowed to operate at all, or is essential in order to give to the instru. ment its legal effect. 1 Murph. No. C. 426; 1 Des. So. C. 465 ; 4 id. 211. 1 Bay, So. C. 247 ; 1 Bibb, Ky. 271; 11 Mass. 30. See 1 Pet. C. C. 85 ; 1 Binn. Penn. 610 ; 3 id. 587; 3 Serg. & R. Penn. 340 ; Pothier, Obl. pl. 4, c. 2.
See, generally, the treatises on Evidence, of Gilbert, Phillipps, Starkie, Roscoe, Swift, Bentham, Macnally, Peake, Greenleaf; Best on Presumption ; Bouvier, Inst. Index ; and the various Digests.