Johns v. Coleman

This is an action upon a creditor’s claim which was rejected by the administratrix of a decedent’s estate. In a nonjury trial judgment was for plaintiff for $2,800. Defendant appeals from the judgment. The record on appeal consists of the clerk’s transcript only.

Appellant contends that the alleged cause of action is barred by the statute of frauds in that the complaint alleges, and the rejected claim is based upon, an express oral contract to make a provision in a will to pay for services rendered. Appellant also contends that the complaint shows that the greater part of the services was…