Fabre v. Halvorson

An executor brought action to recover money lent by the decedent to certain relatives. The trial court sitting without a jury found that the money had been borrowed with the understanding that if the lender should die before the money was repaid the debt would be discharged. Judgment was entered for the defendants, and the. executor appeals.

Since the court heard conflicting evidence concerning whether or not the agreement was as alleged by the defendants, the findings are conclusive upon the question of fact. OPS 17.435; Kuzmanich v. United Fire and Casualty, 242 Or 529, 531, 410 P2d 812…