Swartz v. Levin

Citations

• 108 Kan. 224
• 194 P. 646
• 1921 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Goods Accepted and Paid for — Claim of Shortage in Weight— Burden of Proof. Where goods sold according to their weight are accepted and paid for upon delivery, the buyer who demands a return of a part of the price on the ground of a shortage has the burden of proof on that issue.</p> <p>2. Evidence — Not Directly Contradicted — Province of Trier of Facts. The trier of the facts is not bound to believe evidence the truth of which is not admitted, merely because no direct testimony to the contrary is introduced.</p>