Rose v. Southern Trust Co.

This case was twice heard by the district court of appeal and upon the original hearing an opinion was prepared by Mr. Justice Works (serving pro tempore). It was in part as follows:

“This is an appeal from the judgment and from an order denying a motion for a new trial.

“The action was commenced against Frances L. Mooers, but she has since died and respondent has been substituted as her "executor. Appellant sought a recovery of the amount alleged to be due upon a contract by which Mrs. Mooers agreed to pay Mrs. Rose the sum of five thousand dollars for acting as her nurse and companion during…