Berringer v. Lake Superior Iron Co.

The question in this case is one of the burden of proof. The plaintiff declared on the common counts, and on the trial sought to recover upon a. quantum meruit for the labor of himself and his teams and servants. He was a witness on his own behalf, and testified to the performance of the labor, and to its value. The labor was performed in sinking a shaft for mining. According to his evidence it was at first proposed that the work should be done under special contract, and he had assented to this, but afterwards refused to go on under the contract because the shaft was located where he thought…