5347 Precedential Processed

Hotard v. Gold Mine Planting Co.

Louisiana Court of Appeal, First Circuit · Filed May 29, 1911 · 8 Teiss. 393

Also decided on this docket: La. Ct. App. 3d Cir., July 1, 1976 331 So. 2d 222; La. Ct. App. 1st Cir., June 28, 1972 270 So. 2d 653; La. Ct. App. 1st Cir., May 22, 1961 130 So. 2d 711; La., July 1, 1880 1 Mann. Unrep. Cas. 14

Opinion text

Dissenting Opinion. ST. PAUL, J. I dissent on the ground that the defense sets up a new contract, and, therefore, carries the burden of proof; that it has not discharged this burden by a preponderance of evidence, nor by a sufficiency of evidence, even were there no conflict of testimony. Civil Code, 2277.