Southland Loan & Investment Co. v. Brown

Every person who seeks to bring himself within the provisions of the “small-loan” act of 1920 (Ga. L. 1920, p. 215; Code of 1933, §§ 25-301 to 25-319 inclusive), so as to be authorized to enforce a contract thereunder, must,' among other conditions precedent to such alleged right, show that the contract does not upon its face show any violation of this act or failure to comply with its mandatory provisions. . . In other words, the burden of proof is on the plaintiff to establish the apparent validity of the contract upon which he relies for recovery. Jobson v. Masters, 32 Ga. App. 60 (2), 68…