JOHNS v. COLEMAN

Docket No. 24170.

176 Cal.App.2d 778 (1959)

1 Cal. Rptr. 784

NELLA JOHNS, Respondent, v. AGNES TUTTON COLEMAN, as Administratrix, etc., Appellant.

Court of Appeals of California, Second District, Division One.

December 30, 1959.


Attorney(s) appearing for the Case

Watson, Hart & Mieras, Montgomery G. Rice and Leon U. Everhart for Appellant.

Boyle, Atwill, Mardian & Stearns for Respondent.


WOOD, P.J.

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...

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