Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Evidence

Michigan Law Review

1949

Burden of proof

Articles 1 - 1 of 1

Full-Text Articles in Law

Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed. Jan 1949

Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.

Michigan Law Review

Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …