Davis v. . Dockery

The only question presented by this appeal is whether thei’e was error in the judge’s charge as to the burden of proof on the second issue.

The plaintiff having brought his action to recover a certain amount alleged to be due as the balance of the purchase price of land, the defendant answered admitting the agreement to purchase, and the amount agreed to be paid, and pleaded payment in full as a defense.

There was no controversy as to the agreement, nor as to the amount agreed to be paid, and the court properly instructed the jury to answer the first issue in the affirmative.

While the second…