Berry v. Berry

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

The appellant, Elmer Berry, borrowed $4,000 from his father, John Berry, in the year 1914, under an oral agreement to repay the same with 5 per cent interest per annum. The first year’s interest was paid by the appellant. No further payment of interest was made, however, and no part of the amount borrowed was repaid. John Berry died intestate February 9, 1923, and his son Lester Berry, the appellee, was appointed administrator of the estate by the county court of Fulton county, and administered the estate. In his final report as…