Sears, Roebuck & Co. v. Stover

This matter came on for trial to the court, neither party disputing the relevant facts.

For many years Willard Hughes maintained a charge account with plaintiff Sears, Roebuck & Co., making many purchases and generally paying his account when due. Defendant Phyllis Stover is the daughter of Willard Hughes, and lived with him for some period of time shortly before his death. Upon his death, Willard Hughes owed Sears $3,311.08. Though his account may have been current at the time of his death, he left no assets, and no estate was opened.

Defendant admits that of the above amount, purchases…