Alden v. Hanson

Citations

• 62 Wash. 284
• 113 P. 768
• 1911 Wash. LEXIS 692

Syllabus

<p>Work and Labor — Action fob Services — Defenses—Payments— Burden of Proof. In an action for services, where the plaintiffs received moneys and were in a trust relation to the defendants, and plaintiffs accounted for the moneys so received to the satisfaction-of the jury, the burden of proving payments is not put upon defendants, where the verdict can he sustained under an instruction to the jury that in determining the amount paid they may take into consideration the amounts coming into the plaintiff’s hands and not accounted for hy her.</p> <p>Appeal — Decision—Remand. Where the plaintiff’s testimony shows that the verdict included the amount of an item improperly charged to the defendants, the judgment will be reversed and remanded with directions to reduce the same in such amount.</p>