Ballard v. Drake's Estate

Dudine, J. —

This is an appeal from a judgment for defendant, on a claim filed by appellant against the estate of Frank Drake, deceased.

The cause was submitted to the court for trial without a jury, and the court having been duly requested to do so, made a special finding of facts and stated conclusions of law. Appellant filed a motion for new trial, which was overruled. On appeal, appellant assigns as errors that the court erred in each of its conclusions of law, and in overruling appellant’s motion for a new trial.

The facts as found by the court, and the conclusions of law are as follows:

“1.…