In Re Nesbitt's Estate

This appeal is submitted upon an agreed statement of facts as provided in Court Rule No. 66, § 10 (1933).

The claim of plaintiff is that Leopold DeMerey, doing business as Gladwin Plumbing Company, during his lifetime furnished material and labor for the erection of a dwelling house for Dr. William J. Nesbitt, also now deceased; that Dr. Nesbitt agreed to pay for the same and there now remains due and unpaid a balance of $2,950 on a total charge of $3,500, $550 having been paid by Dr. Nesbitt in his lifetime.

This claim was disallowed by the commissioners on claims in the Nesbitt estate. On…