Ernst v. Ernst
Ernst v. Ernst
Opinion of the Court
The issues in this case present purely questions of fact. The contract may have been an improvident contract on the part of the appellant, but a careful consideration of appellant’s testimony convinces this court that there was sufficient testimony to sustain the court’s judgment. ' It is not necessary to go into details. Appellant is a fairly intelligent man, although hard of hearing. He could read understandingly. Fie had been regularly employed and earned a wage. He voluntarily went to the office of the attorney and had the contract and will drawn. He paid his attor
On the question as to whether the contract had been breached by respondent the evidence is not so clear that the respondent had fully complied with his contract. However, this is a case where much depended on the attitude and appearance of the appellant before the court. The trial court was in a better position to- determine the facts than this court is. The contract is a continuing contract, and enjoins upon the respondent the continuing duty of supporting his father in comfort and with due consideration of his age. If this contract shall be breached in the future, the appellant will have his remedy in court.
By the Court. — The judgment of the circuit court is affirmed.
Reference
- Status
- Published