Ray v. Oklahoma Furn. Mfg. Co.

(dissefiting). It is a fundamental principle that a plaintiff must establish his right to recover by competent evidence, and that before the plaintiff in any action may recover judgment, he must both allege and prove every fact essential to his right to recover judgment on the cause of action sought to be asserted.

In Davis v. Kelley, 96 Okla. 17, 219 P. 923, this court held in paragraph 1 of the syllabus:

“The burden of proof rests upon the parly having the affirmative as made by the pleadings, and such party must prove every essential fact necessary to establish his cause of action or…