Coble v. McClintock

Eliza M. Shirk, in her lifetime, brought this action against the appellant on a certain contract alleged to have been executed in her behalf by her husband, and between him and said Coble. Mrs. Shirk died pending the action, the appellee as her executor was substituted as plaintiff, and filed a supplemental complaint. Upon issues joined, there was a trial, finding and judgment for the appellee.

The first error assigned and relied upon is that the complaint does not state facts sufficient to constitute a cause of action. This assignment is predicated upon the assumption, as we gather from the…