Suniland Furniture Co. v. Pruitt

On Motion for Rehearing

Appellant’s forceful motion for rehearing impels us to discuss at length the question which has been characterized as one of the most troublesome in the modern law of evidence: the evidential effect of appellee’s testimony that he did not agree to “assure or guarantee” anything, and whether it is so binding on him as to be conclusive against him on the second issue.1

The burden of pleading the affirmative defense embraced in this issue *839was upon appellee, under Rules 67 and- 94, Texas Rules of Civil Procedure; the burden of proof resting upon appellant to establish facts…