SAXTON v. HARRIS

No. 440.

395 P.2d 71 (1964)

Eugene E. SAXTON, Appellant, v. Allan J. HARRIS and Billie Jean Harris, Appellees.

Supreme Court of Alaska.

September 8, 1964.


Attorney(s) appearing for the Case

Joe P. Josephson, Anchorage, for appellant.

J. Gerald Williams, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


DIMOND, Justice.

A jury awarded $10,000 to appellees who had claimed that they were fraudulently induced by appellant to invest $10,000 in a Kentucky oil lease. Appellant's first point on this appeal is that the trial court erred in instructing the jury on the question of burden of proof.

The court gave the jury two instructions on burden of proof. Instruction No. 3 told the jury that the party asserting the affirmative of an issue must prove it by a preponderance...

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