Arjay Export Co. v. Bambara

This contract case presents the problem of whether the trial judge erred in placing the burden of production of evidence upon the defendant corporation as to whether or not the plaintiffs sale of slot machines to the defendant was exempt from a statute making such dealing a crime.2

It is clear from the report that the contract involved the sale by the plaintiff of gambling devices known as “slot machines” for which the defendant failed to pay. A statute (G.L. c. 271, § 5A) makes it a crime to deal in such things. The statute, originally enacted in 1951 (St. 1951, c. 483), was amended (St.…