Sigur v. Burguieres' Ex'rs

Citations

• 111 La. 1077
• 36 So. 134
• 1904 La. LEXIS 599

Syllabus

<p>PAYMENT—EVIDENCE.</p> <p>1.The character, temperament, and habits of two litigants, as also the surrounding circumstances, considered, it may be more probable that one has forgotten a debt due or to become due him by the other, than that the other should have paid it and have preserved no record or memoranda showing how, when, where, or to whom such payment was or might have been made.</p> <p>2. The law requires sotnething more cogent to prove the payment of a debt than mere probability.</p> <p>3. Where, by the unambiguous terms of a contract, the rights of a party in a particular respect are to be governed by a specified condition, with reference to which alone he is called on to regulate his conduct, he cannot, at the option of the other contracting party, be affected by another and different condition to which he has never assented, even though, if it had been so agreed, the one condition might have served the purpose of the other.</p> <p>(Syllabus by the Court.)</p>