Johnston v. McCart

Citations

• 24 Wash. 19
• 63 P. 1121
• 1901 Wash. LEXIS 488

Syllabus

<p>APPEAL-SUFFICIENCY OP EVIDENCE.</p> <p>It is a settled rule that the supreme court will not on appeal disturb a verdict, where the question of fact involved was properly submitted to the jury, although the court may believe the facts to be otherwise than as found.</p> <p>REPLEVIN-BURDEN OP PROOF.</p> <p>In an action of replevin to recover possession of goods sold under a contract in the nature of a conditional sale, the burden of proof is upon plaintiff to establish ownership and right of possession in himself, even although defendant, by an affirmative defense, sets up a plea of payment in full, since such plea in an action of replevin amounts to no more than an allegation of property in defendant, and adds nothing to the answer of general denial.</p> <p>EVIDENCE-VARIATION OP WRITTEN CONTRACT-CONTEMPORANEOUS ORAL AGREEMENT.</p> <p>Parol evidence is admissible for the purpose of showing that, by a contemporaneous oral agreement, a written contract between the parties providing for payments of money had been so far modified as to permit the stipulated payments to be rendered in services instead of money. .</p>