“The burden of proving a contract, whether express or implied, is on the party asserting it, and he must prove each essential fact, including the existence of a mutual intention.”
How later courts described this case
- “The burden of proving a contract, whether express or implied, is on the party asserting it, and he must prove each essential fact, including the existence of a mutual intention.”
Written by the judges who cited it.
The opinion
Hill, C. J.
(concurring in the result) — I concur in the result, but not in the statement regarding the necessity of *93 RCW 5.60.030. In my opinion it should be greatly modified, but until it is so modified, it is the law.
May 21, 1957. Petition for rehearing denied.