Miles

This is an appeal from a judgment in favor of plaintiff against the defendants Sue Miles and James E. Kelby for the sum of #2',500.

The action originally included Joseph Harvey Miles as one of the defendants. Judgment was rendered in his favor, and no appeal has been prosecuted therefrom. The defendants Sue Miles and Joseph Harvey Miles are husband and wife, and plaintiff is the divorced wife of Warren Miles, who is the son of Sue Miles and Joseph Harvey Miles. The complaint is in two counts, by the first of which a judgment is sought for damages for breach of contract alleged to have been made by the three defendants with Warren Miles for the benefit of plaintiff; and the second count of the complaint states a cause of action on account of money had and received by the three defendants for the use of plaintiff. The findings of fact by the trial court, although somewhat lengthy, nevertheless tell the whole story. They are in part as follows:

It is not contended by appellants that the evidence is insufficient to support the findings. They must therefore be accepted as conclusive as to the facts.

Appellants suggest that no recovery may be had by plaintiff because the contract…