Wert v. Phillips

The opinion of the court was delivered by

Burch, J.:

The principal question involved in these appeals is whether an alleged oral contract with deceased parties was established by evidence which should have been regarded as clear and satisfactory as a matter of law. The trial court ruled that the evidence was insufficient to support any contract. The appellant contends that such court either decided the case upon an incorrect conception of the law or acted arbitrarily in refusing to follow all of the adequate competent evidence introduced.

The two cases were consolidated for trial and also upon…