Tung v. Cassagne

Plaintiff seeks to recover the sum of $134.-74, the alleged balance due for laundry service performed for defendant during the first week of July, 1929. The defense is payment. There was judgment in favor of plaintiff in the sum of $.35, and he has appealed. •

The law is clear that he who pleads payment admits .the existence of the debt and must prove payment. 5 Louisiana Digest, Payment, Page 890, § 21; Smith v. Turner, 3 La. App. 91; Hitt v. Herndon, 7 La. App. 87; Brown v. King, 7 La. App. 546; Johnson v. Jones, 5 La. App. 220.

The record shows that plaintiff was engaged in the laundry…