Blount-Midyette & Co. v. Aeroglide Corporation

The determinative question on appeal in this case is whether or not the trial court correctly instructed the jury as to the burden of proof. The defendant appellant contends that once the frustrating event causing impossibility of performance is proved, the onus is upon the plaintiff to establish negligence on the part of the defendant as would deprive the latter of its right to rely upon the defense. The plaintiff appellee, on the other hand, contends that the plea of impossibility of performance does not suffice to excuse the defendant from having to pay damages for nonperformance unless it…