Dunham v. Baird

The sole question in this case is whether plaintiff, Dunham, agreed to pay the taxes and insurance on the property of defendant, Baird, and permit said defendant, Baird, to make payment thereof to plaintiff at a time subsequent to the institution of this suit.

Defendant, Baird, testified in support of her claim that there was such an agreement. Plaintiff denies it, claiming that he had given said defendant but thirty days from the 4th day of November, 1930, within which to pay said taxes and insurance.

It being an affirmative defense, we hold that in order to entitle defendants to prevail the…