Allen

Plaintiff brought an action for damages against defendant as executor of the last will of B. F. Childs, deceased, based upon the failure of said Childs to comply with the terms of an alleged oral contract by which it was agreed that if plaintiff would give up her home in the state of Kansas and come to California with the said Childs and there continue to serve him as she had done in the state of Kansas in the capacity of housekeeper, cook, companion, and nurse so long as he lived, he would buy for plaintiff a home better than “Maple Crest” (which was the name of the home of said Childs in the state of Kansas), and that he would also see that plaintiff would be comfortable the rest of her life and would afford her an opportunity to educate her young daughter.

Judgment was rendered for plaintiff, and defendant appeals.

The points presented by appellant are: That the alleged contract was too indefinite and uncertain to admit of enforcement; that the findings of the court, the conclusions of law, and the judgment therein are not supported by" the evidence.

The findings of the court were to the effect that the alleged contract was actually made by the parties; that pursuant thereto…