Downs v. Atkinson

The judgment is affirmed and we justify this action as follows:

The suit is upon three disallowed claims against the estate of appellant’s intestate. Plaintiff had judgment in the sum of $4,493.19, interest and costs. The attack by appeal is upon the judgment as a whole; hence it is not necessary to consider the items that make it up.

The basis of the suit is a contract dated March 29, 1921, between plaintiff and the decedent, wherein decedent agreed to pay plaintiff ten per cent of the net profits received from a contract held by him for the construction of a section of the California state…