Wood

Plaintiff sues to recover on a rejected claim against the estate of deceased. The claim presented to the administrator reads as follows:

Defendant answered the complaint, without demurring thereto, and made specific denials of all its averments, except that defendant admitted the presentation of the claim as shown by plaintiff’s Exhibit “A,” but denied “that said claim was for the same services as alleged in the complaint herein.”

The court made the following finding: “That within two years last past, to wit, from January 30, 1909, to August 21, 1909, at and in Solano county, California, plaintiff rendered services as nurse to Mary J. James, at her request and for her use and benefit, performing at such time and times all the duties of a nurse, which services were, and are, reasonably worth the sum of $2.50 per day; that said Mary J. James during her lifetime promised to pay for said services; that nothing had been paid for or on account of said services; that the claim attached to said complaint and made a part thereof is the claim presented by plaintiff to defendant, and is for the same services as sued for in the complaint of plaintiff herein.” Judgment passed accordingly,…