Rape v. Gardner

Appellee instituted this suit against appellant for damages for an alleged breach by her of her agreement to carry out her husband’s instructions to pay a debt created by him during his lifetime in favor of appellee out of the proceeds of insurance policies on his life when collection was made by her upon such policies. Trial below resulted in a judgment in favor of appellee against appellant as prayed for. The case was tried before the court without a jury, and no conclusions of fact and law accompany the record. The evidence upon the trial was sharply conflicting, but it is our duty, in…