Wallace

This is an appeal by the defendants from a judgment against them, as executors of the last will of George Gable, deceased. The plaintiff’s action was founded upon her rejected claim, presented against the estate for her services for cooking and general housework, nursing and care of decedent, continuously from July 1, 1894, to the date of his death, August 14, 1926, at the agreed price of one dollar a day, payable upon termination of the employment. The amount prayed for was $11,725, less $1200 paid upon account, leaving $10,525, for which amount the jury returned a verdict for plaintiff. However, as it had been brought out at the trial that on September 22, 1924, the deceased had been declared an incompetent and a guardian had been appointed who had made a new contract with plaintiff, it became apparent that the original contract terminated at the time the guardian was appointed. The trial court denied a new trial upon condition that the amount of the judgment be reduced to $9,831 to conform to the situation presented by the proof, and the judgment was entered for such latter amount.

There is no merit in the contention that the record does not support the finding of the jury as…