Dubbs v. Haworth

The opinion of the court was delivered by-

Dawson, J.:

W. W. Dubbs and A. L. Dubbs, husband and wife, filed in the probate court a claim against the estate of Tacy Campbell for services rendered by them to the latter in her lifetime, at her instance and request. This claim was only verified by Dubbs, the husband, and it was disallowed by the probate court on the ground—

“That the evidence is insufficient to constitute an oral contract between said claimants and said deceased.”

The claimants appealed to the district court, where they prevailed. The jury made special findings of fact:

“Question…