Hoshor v. Kautz

Citations

• 19 Wash. 258
• 53 P. 51
• 1898 Wash. LEXIS 356

Syllabus

<p>CONTRACTS — ILLEGALITY OF CONSIDERATION — BURDEN OF PROOF.</p> <p>In an action upon a written contract based upon a valid consideration, to wbieb there was interposed an affirmative defense that the contract was based upon an illegal consideration, the burden of proof is on defendants, and judgment in their favor is unwarranted when there is no other proof of the illegality of the consideration than such as is contained in plaintiff’s original answers to interrogatories, and these answers at the time of trial had been explained and amended by the substitution of new answers showing the consideration to be the same as recited in the contract.</p>