The original English rule was that even spoliation by a stranger to the contract avoided it.1 The rule in the United States is that spoliation by a stranger to the contract does not avoid it and has no effect in law. The original contract if proved, is to be enforced as if no spoliation had been made.2 The practical difficulties incident to any reliance on secondary evidence, when the primary evidence is destroyed, are occasionally encountered where the spoliation has been thorough.