Patterson Gas Governor Co. v. Glenby

Defendant’s promise to pay was made upon the express condition that the gas governor would demonstrate, after 60 days’ fair trial, a saving of from 15 to 40 per cent, in the consumption of gas. The burden of proving performance of the condition rested upon plaintiff, and, failing to sustain it by sufficient evidence, no cause of action against defendant was established. Attentive consideration of the evidence, as it was finally submitted to the justice below, fails to justify the conclusion that plaintiff did sustain the burden by fair preponderance of the evidence. So, also, Patterson, a…