Gabitzsch v. Cole

BERNSTEIN, Chief Justice.

Appellant was defendant in an action brought by his sister to enforce an oral agreement to hold in trust for the sister a one-half interest in certain land. The case was tried to the court without a jury and judgment was rendered for the plaintiff. Defendant appeals. Neither party requested findings of fact. In such a case we have held that we will view the record as though the trial court had found every controverted issue of fact necessary to support the judgment. Silva v. DeMund, 81 Ariz. 47, 299 P.2d 638.

In 1939, the plaintiff, was serving as administratrix for…