Illinois Steel Bridge Co. v. Wayland

Citations

• 107 Kan. 532
• 192 P. 752
• 1920 Kan. LEXIS 114

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Action on Account — Plea of Payment and Receipt in Full — Counterplea of Mistake in Giving Receipt — Burden of Proof. Where a plaintiff pleads an indebtedness and the defendant alleges payment of it and sets out a receipt in full given by plaintiff and a letter acknowledging full payment of the indebtedness, and the plaintiff in turn replies that the receipt was given and the letter written through a mistake, and that payment had not in fact been made, the burden of proof rests upon the defendant and this burden is not shifted or affected by the affirmative allegations of plaintiff that a mistake had been made in giving the receipt and in writing the letter acknowledging payment.</p>