Thompson v. Hickman

Appeal by defendant from a judgment after verdict for $14,205.50 on a claim against the estate of Jessie Williamson, deceased.

The grounds of appeal are: (1) variance between the complaint and the proof at the trial; (2) plaintiff’s evidence inherently improbable and hence insufficient to support the judgment; (3) the alleged agreement was abrogated; and (4) prejudicial misconduct of plaintiff’s counsel.

1. Variance

The complaint alleged a common count for services rendered by plaintiff to deceased, at her special instance and request, in earing for and nursing deceased from June, 1939, to her…