UNITED STATES v. WHITED & WHITED

No. 20239.

1 F.Supp. 589 (1929)

UNITED STATES v. WHITED & WHITED.

District Court, D. Washington, W. D.

November 30, 1929.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Tom De Wolfe, Asst. U. S. Atty., both of Seattle, Wash.

Ralph LeCocq, of Lynden, Wash., and Van Dyke & Thomas, of Seattle, Wash., for defendant.


BOURQUIN, District Judge.

Plaintiff alleges it stored an auto with defendants which they failed to return on demand; they answer the auto was stolen without negligence on their part, which plaintiff denies.

The action sounds in contract, and the burden of proof is upon defendants to acquit themselves of liability — that is, to prove their failure was not due to lack of ordinary care; to prove they performed their contract to exercise ordinary care....

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