Stamaty v. Pappadamitriu

Citations

• 51 Wash. 221
• 98 P. 613
• 1908 Wash. LEXIS 1000

Syllabus

<p>Pleading — Answer—Trial—Shifting Burden of Proof. In a action to recover money loaned, payable on demand, an answer admitting the receipt of the money for another specific purpose does not shift the burden of proof, or release the plaintiff from proving the obligation to pay upon demand.</p> <p>Same — Issue and Proof — Failure of Proof. In an action to recover money loaned, payable on demand, in which the court ruled that the burden of proof was upon the defendants to establish their affirmative defense that money admittedly received was paid upon a contract to purchase land which the plaintiff refused to carry out, a judgment for plaintiff cannot be sustained upon the theory of an action for money had and received, where the only evidence was that of the defendants substantiating their defense, there being no> proof of an obligation to pay on demand or any offer to amend the-complaint to conform to the proofs.</p>