Hodges v. Taft

Citations

• 25 Ohio C.C. Dec. 27
• 16 Ohio C.C. (n.s.) 1
• 1908 Ohio Misc. LEXIS 287

Syllabus

<p>ACCOUNTS — PLEADING.</p> <p>1. Burden of Proof in Action on Account in The Short Form.</p> <p>In an action on an account set up in the short form- in th.e petition, one of the items of the account being for commissions, etc., “as per verbal agreement,” the burden is on the plaintiff to prove the terms of the agreement and performance thereof by him the same as if he had sued on the contract.</p> <p>2. Amendment of Answer to Include General Denial.</p> <p>At. the close of all the evidence, under Sec. 5114, R. S., (Sec. 11363 G. C.) the court may permit the defendant, when justice requires it, to amend his answer so as to include in it a general denial.</p> <p>[Syllabus by the court.]</p>