Kessler v. Kessler

A.R. and Olive Kessler joined by four of their children sued their son Charles and the widow and minor child of John, deceased, another son. Plaintiffs based their action upon an alleged oral agreement which the parents claimed they had made with John and Charles as partners. Charles admitted the agreement but prayed judgment be given plaintiffs solely against the widow and minor. The widow and minor denied there was any such agreement. Trial being to the court without jury, it found plaintiffs evidence insufficient to prove there was an agreement and dismissed the action against the widow and minor.