(Download) "Vigorito v. Allard" by Supreme Court of Connecticut " Book PDF Kindle ePub Free
eBook details
- Title: Vigorito v. Allard
- Author : Supreme Court of Connecticut
- Release Date : January 13, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
In this action the plaintiff sought to
recover a balance of $500 alleged to be due
from the defendant on a contract for the sale of
certain aluminum storm windows and doors. In his
complaint the plaintiff alleged that on or about
May 18, 1954, the defendant ordered twenty-one
aluminum storm windows and three aluminum storm
doors from him and agreed to pay $700. The
defendant entered a denial of this allegation,
and it follows that it was this issue
[143 Conn. 71]
that came on for trial on the complaint. The
defendant also filed a counterclaim and in it
alleged that the plaintiff had agreed that the
crosspieces on the storm windows the defendant
ordered would match the crosspieces on his
windows. The plaintiff denied this allegation, and
the parties were at issue on the counterclaim. At
the conclusion of the trial, the court remarked
that it was up to the plaintiff to prove that the
crosspieces on the aluminum windows did not have
to match the crosspieces on the defendant's
windows. On the basis of this remark, the
plaintiff argues that the court indicated a
confusion as to where the burden of proof lay, and
that this confusion resulted in an infirmity in
its ultimate finding that the plaintiff failed in
his proof. This by no means follows. The plaintiff
clearly had the burden of proving his case on the
complaint. His burden was in no way altered or
shifted because the defendant had filed a
counterclaim and came into court relying thereon.
It was the plaintiff's burden to prove his own
case by a preponderance of the evidence. Sortito
v. Prudential Ins. Co., 108 Conn. 163, 171,
142 A. 808. Where the exact terms of a contract sued upon
are put in issue by a denial, the burden is upon
the plaintiff to prove what those terms are. Lane
v. McLay, 91 Conn. 185, 188, 99 A. 498.
 "Vigorito v. Allard" by Supreme Court of Connecticut " Book PDF Kindle ePub Free){kind=link}