Boyles v. Bradley

Citations

• 79 Kan. 844
• 101 P. 477
• 1909 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Evidence—Burden of Proof—General Denial. In an action to recover a quantity of wheat as crop rent the plaintiff, the-owner of land, alleged and testified that it was agreed that with the land he was to furnish defendant wheat for seed and to receive as rental one-half of the crop. Defendant met the issue tendered by a general denial, and offered testimony to the effect that under the agreement he was to furnish the seed and give plaintiff a rental of one-third of the crop and that he purchased the wheat from plaintiff that was sown on the land. As the only substantial controversy between the parties was,. Who furnished the seed*? it was error to instruct the jury that the burden of proof was upon defendant to show that he purchased from plaintiff the whea.t which was sown.</p>