Kern v. Kiefer

The instant action involves a claim in probate against the estate of Joseph W. Kiefer, deceased. It is alleged that the amount claimed is due the plaintiff by reason of a sale by decedent of a Stephens automobile owned by plaintiff. The defendant-executor answered (1) by general denial, and (2) by plea of settlement. Plaintiff replied by a general denial. Upon the conclusion of all the testimony, two motions were made by plaintiff: First, to take from the jury the issue of payment or settlement, on the ground that the evidence was wholly insufficient to sustain the plea; second, to direct a…