Back

L. O Vs. Estate Of James P. Mcelroy 025 Phil 164

L. O, HIBBERD, plaintiff-appellant, vs. ESTATE OF JAMES P. MCELROY, defendant-appellee.

G.R. No. 8170 | 1913-08-27

D E C I S I O N


TRENT, J.:

An appeal from a judgment of the Court of First Instance disallowing the claim of the plaintiff for P1,000 against the estate of the deceased James P. McElroy.

The case was submitted on an agreed statement of facts and the contract entered into on November 25, 1910, by and between the plaintiff and the deceased. The pertinent parts of these documents are as follows:

"It is further stipulated that the assessment work mentioned in said claim has been performed and salary of the watchman therein mentioned has been paid; that the mining property mentioned in the contract was operated for the first year under the...