J. R. Watkins Co. v. W. P. Garner
109 So. 925
| Ala. Ct. App. | 1926|
Check TreatmentSuit by appellant against appellees on a written guaranty. Only the defendant Garner defended against the suit. He filed a plea of general issue, and also a special plea to the effect that his contract of guaranty was executed and delivered on Sunday. His attorney stated in open court that he did not rely on the general issue, but solely on the special *Page 680
plea. The burden, of course, was upon him to prove this plea, which burden he failed to meet under the law as specifically declared in J. R. Watkins Co. v. Hill,
Reversed and remanded.
