5347
Precedential
Processed
Hotard v. Gold Mine Planting Co.
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
Hotard v. Gold Mine Planting Co., 8 Teiss. 393 (La. Ct. App. 1st Cir. 1911).
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.