Tryone Knitting Mills v. Rubin

Citations

• 27 N.M. 324
• 201 P. 867

Syllabus

<p>' SYLLABUS BY THE COURT.</p> <p>1. The plea of payment is an affirmative defense, and the burden of proof is upon the party interposing this plea. P. 325.</p> <p>2. Where in a suit for a balance due for goods sold and delivered, the defendant acknowledges the receipt of the goods and their value as alleged, pleads payment, but fails to introduce evidence in support of his plea, judgment for the amount sued upon is properly given for the plaintiff. P. 326.</p>