Johns v. Speed

NEBEKER, Associate Judge:

This appeal arises out of a claim against the estate of Theresa Hayes Mabry for money due and owing under an alleged oral agreement to repay sums of money paid to or on behalf of the deceased during her life. After trial before the court without a jury, a trial finding was made that “the plaintiff [appellant] has not sustained the burden of proof by a preponderance of the evidence that there was such an agreement.”

The testimony of plaintiff was that the deceased orally promised to repay money each time plaintiff loaned money to her, and that each promise also renewed…