The defendant claims and the plaintiff denies that the defendant should be credited for such supplies as were in his possession at the time of the termination of such relations, the defendant contending and the plaintiff denying that the relations and agreements of the defendant with such company were such that said credit should be given. Evidence, Presumptions and burden of proof.Īt the trial of an action by the assignee of a corporation, engaged in the sale and lease of milking machines and the sale of dairy supplies, against one who had been its "division manager" for a certain territory, to recover upon an account annexed (or certain supplies alleged to have been furnished to the defendant by the corporation, the plaintiff introduced in evidence an agreement, signed by the attorneys for the parties to the action, providing that the items and credits stated in the account annexed were substantially correct so far as they went "that the defendant had some agency relations with the corporation previous to April 9 of a certain year that thereafter up to some time in the following July they had business dealings and relations, agency or otherwise, when their dealings and relations ceased" that "during the period of his said agency relations with the "corporation" the defendant received certain milking machinery supplies from the company, and was charged therefor by the company in his accounts with them that some of the supplies were in his possession at the time of the termination of his relations with the company. Practice, Civil, Agreement as to facts, Ordering verdict. J., MORTON, HAMMOND, LORING, BRALEY, SHELDON, & RUGG, JJ. 501 MaJ Suffolk County Present: KNOWLTON, C.
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