Dow

Plaintiff, the appellant herein, brought this suit in the superior court against the defendant, the. respondent herein, as executor of the estate of Elizabeth Scott, deceased, to recover on two claims for services alleged to have been performed for the deceased by himself and his wife, Sophia A. Dow. The trial was before the court sitting without a jury, and the findings are that all of the allegations of the complaint, referring specifically to the basis of the claims, are untrue. There is little if any conflict in the evidence, the contest before the trial court and here being on points of pleading and the construction of oral testimony.

One of the claims is for services rendered deceased at her request by plaintiff and his wife for “household work, sewing, nursing and general care continuously from June 26, 1920, to August 26, 1922,” the alleged reasonable value thereof being $3,920; and another is for “board furnished and cooking from June 26, 1920, to - August 26, 1922,” by plaintiff and his wife at the request of and to the deceased, the alleged reasonable value thereof being $1,300. There is no contention but that the services were rendered and were worth the sums claimed.…