Crawford's Adm'r v. Ross

Opinion op the Court by

Van Sant, Commissioner

Affirming in part, reversing in part.

The appeal is from a judgment in the sum of $4,750 in favor of appellee, O. I. Ross, against appellants, in an action instituted by Ross, and based upon an oral contract between him and Mrs. Kate S. Crawford, entered into in the year 1925. The action was instituted against Mrs. Crawford. September 1, 1939. A demurrer was filed to the petition, but was not acted upon, nor was any answer filed until after the death of Mrs. Crawford in September, 1942, more than three years after the commencement of the action.…