In Re Estate of Sarah Runnells

I. The more important difficulties of this case involve its collisions with Section 11257, Code of 1924 (Section 4604, Code of 1897), and with the statute of frauds, Section 11286, Code of 1924.

The claimant predicated her case in the first instance upon two grounds: (1) Quantum meruit-, (2) oral express contract. She later withdrew the quantum meruit count, and rested her case upon the alleged express contract and her performance thereof. All the testimony of the claimant was received over appropriate objections, which need not be incorporated herein. The multiplicity of these objections has…