Burns v. . Tomlinson

This is an action to recover a loss of $1,264.05 upon a contract made by defendant 16 February, 1905, to deliver to the plaintiff during October, 1905, 100 bales of cotton at 7% cents. Ootton was higher in October, and the defendant did not deliver. The defendant pleaded in his verified answer that this was a gambling contract, or “future,” forbidden by the act of 1889, now Revisal, sec. 1689. This cast upon the plaintiff the “burden to prove by proper evidence, other than any written evidence thereof, that the contract sued upon is a lawful one in its nature and pur poses.” Revisal, sec.…