Townsend v. Hague

1. In a suit on a contract for services rendered by the plaintiff, upon proof merely of the rendition of services by the plaintiff as contracted for, there is no presumption of payment, but there is a presumption of nonpayment. Although the evidence presents an issue of fact as to whether the services were contracted for and rendered as alleged by the plaintiff, yet where there is no plea of payment and no evidence tending to establish payment, the admission in evidence of testimony of the plaintiff that the defendant’s intestate, to whom the alleged services were rendered, had not paid the…