Majority
p. 930Effie Fisher, Respondent, v. Isaac Fisher, Respondent, and Charles H. Hulett, as Administrator, etc., and Others, Appellants.
Judgment reversed, with costs, and complaint dismissed, with costs. Held, 1. That the finding of the making of a contract is not supported by such clear and convincing evidence as is required under the rule applicable to cases of this nature. 2. That even if such contract was made, the evidence is insufficient to show a performance by the plaintiff. All concurred.