under the "best evidence” rule did so because the proponent of the pivotal evidence was attempting to admit secondary evidence to prove a specific term or content or because the proponent had destroyed a specific portion of a contract. See, e.g., Cartier v. Jackson, 59 F.3d 1046, 1048-49 (10th Cir.1995) (finding the plaintiff in a copyright action could not rely on secondary evidence to prove what is "best” evidenced through the actual demo tapes of the songs claimed to be copyrighted); Seiler v. Lucasfilm, Ltd., 808 F.2d 1316, 1319 (9th Cir.1986) (plaintiffs drawings in a copyright infringement case were the best evidence of alleged infringement), cert. denied, 484 U.S. 826, 108 S.Ct. 92, 98 L.Ed.2d 53 (1987); Sylvania Elec. Prod., Inc. v. Flanagan, 352 F.2d 1005, 1008 (1st Cir.1965) (<HOLDING>); Consolidated Coke Co. v. Comm'r of Internal
holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination holding that the defendant could not show deficient performance if the evidence the defendant claims counsel should have sought to exclude was admissible holding that an action for specific performance lies in equity holding inadmissible secondary evidence of truck hour records where the best evidence of the plaintiffs performance of work for which he sought recovery were tally sheets made for the specific purpose of recording such performance holding as a matter of law that mere fact that a contract definite in material respects contains some terms which are subject to further negotiation  will not bar a decree for specific performance if in the courts discretion specific performance should be granted