McKean McNeal v. Martin

To entitle him to maintain his suit in Franklin county, the burden was on appellee to prove that the obligation he sought to enforce against appellants was evidenced by a contract in writing. Revised Statutes, art. 1903, as amended April 2, 1917; Vernon's St. art. 1830, subd. 5.

It will be noted that, while appellee alleged in his petition (the averments of which he made a part of his plea controverting the plea of privilege) that when he agreed to purchase the seed October 31, 1919, appellants' agent, Baker, represented that they were sound and proper for planting, and further alleged that it…