Lewis v. Foster

SPEARS, Justice.

This suit was brought by Petitioner Wayne Lewis to recover damages resulting from the breach of Mrs. Foster’s oral agreement to furnish water for cattle which Lewis pastured on leased land adjoining decedent’s ranch. The principal issue is whether Lewis’s testimony concerning the alleged agreement was admissible in the face of the Dead Man’s Statute, article 3716. 1

The trial court admitted Lewis’s testimony over objection in a jury trial, and based on a jury verdict favorable to Lewis, rendered judgment for Lewis against Ben Roshton, Independent Executor of the Estate of Mrs.…