Chittim & Parr v. Martinez

BROWN, Associate Justice.

The Court of Civil Appeals for the Fourth. District has certified to this court the following statement and question:

“A material issue in the case was whether or not a certain verbal contract alleged by the defendants had been -entered into. The plaintiff and the defendant were the only witnesses on this issue, each testifying directly contrary to the other. The court, in submitting the issue, charged the jury that the burden of proof was on the defendants to show such contract by the preponderance of the evidence.

“Was it error to instruct the jury as to the burden'…