737. Burden of proof as to representee.

737.     Burden of proof as to representee.

It is incumbent on the party who asserts a right to relief in respect of a misrepresentation to allege, and, having so alleged, to prove, that he was the representee, or one of the representees1. The question whether the party claiming relief in respect of any misrepresentation was or was not a representee is a question of fact, and the subject, therefore, of evidence2; but the question whether there is any evidence of this fact, and also all questions which may arise whether, on the proved and admitted