Davidson Fruit Co. v. Produce Distributors Co.

Citations

• 74 Wash. 551
• 134 P. 510
• 1913 Wash. LEXIS 2090

Syllabus

<p>Appeal — Review—Verdict. A verdict upon conflicting evidence will not be disturbed on appeal if there is some evidence to sustain it.</p> <p>Pleading — Answer—Argumentative Denials — Burden of Proof. In an action for a balance due on a shipment of strawberries sold to defendant, a so-called affirmative defense setting up that the defendant received them on consignment and sold them for plaintiff’s account for the best price obtainable, adds nothing to defendant’s general denial of a sale to him, and does not put upon defendant the burden of proving the consignment.</p> <p>Appeal — Review—Harmless Error — Invited Error. It is not error of which the defendant can complain that the trial judge treated his so-called affirmative defense as such and instructed the jury that the burden of proving the same was upon the defendant, although it contained no new matter and good pleading required only a denial; especially where the defendant treated it as an affirmative defense at the trial and requested an instruction which placed the burden of proving it upon him.</p>