Austin v. Schwing

Citations

• 110 La. 595
• 34 So. 700
• 1903 La. LEXIS 679

Syllabus

<p>SALE — ACTION POR PRICE — BURDEN OP PROOF.</p> <p>1. Plaintiff declared on an open claim or account.</p> <p>Defendant pleaded a verbal contract, which plaintiff admitted.</p> <p>Difference grew out of the term of the contract; plaintiff testifying that it was restricted to a time stated, and the defendant denying.</p> <p>The onus was with plaintiffs of showing that it was as limited as contended for by them.</p> <p>Besides, preponderance of the testimony, all parties being of equal credibility, is with defendants.</p> <p>(Syllabus by the Court.)</p>