Gopcevic

This is an action for damages for breach of an alleged contract to support plaintiff for life, which plaintiff claims was made verbally with him by the defendant, his brother. The court found that no contract existed and gave judgment for the defendant, from which he appeals. This exceedingly voluminous record, consisting of over five thousand folios of closely printed transcript, seems to us to present but a single vital question, namely: Whether or not there was a conflict of evidence upon the question of the making of this contract.

The evidence of the alleged contract consisted of two conversations between plaintiff and defendant, one had in the year 1904 and the other in the year 1911. The plaintiff’s testimony as to the first of these conversations is as follows:

In a second version of this conversation, the plaintiff testified as follows:

Plaintiff’s counsel in their brief assert that ‘‘the defendant did not deny that this conversation took place,” but the defendant testified as' follows:

John F. Davis, mentioned by plaintiff in his first version of this conversation, testified:

The following facts will shed light upon the breadth of meaning of this denial of Mr.…