O'BRIEN v. FITZSIMMONS

Docket No. 18717.

183 Cal.App.2d 231 (1960)

6 Cal. Rptr. 627

MARIE O'BRIEN, as Executrix, etc., Respondent, v. LILLIAN FITZSIMMONS, as Executrix, etc., Appellant.

Court of Appeals of California, First District, Division Two.

July 28, 1960.


Attorney(s) appearing for the Case

Frank J. O'Brien for Appellant.

Schofield, Hanson, Bridgett, Marcus & Jenkins, Thomas J. Duffy and Thomas M. Jenkins for Respondent.


GOOD, J. pro tem.*

In an action upon a creditor's claim filed by James H. McCarthy, since deceased, against defendant estate, a judgment for $7,789.75 was recovered as the reasonable value of services rendered and expenditures made by plaintiff for the benefit of the deceased during his lifetime. The complaint alleged that in December, 1948, Henry Gagliardo and plaintiff entered into an oral contract wherein it was agreed that if plaintiff...

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