¶1On Motion for Rehearing
¶2In deference to vigorous argument of counsel for appellant that we have in our •original opinion ignored the cases of Butler v. Kent, 152 Ala. 594, 44 So. 863, and Moore v. Robinson, 214 Ala. 412, 108 So. 233, we here undertake to differentiate the instant case from them.
¶3The case of Butler v. Kent, supra, was reversed on appeal for the refusal of the trial court to admit in evidence testimony •of a disinterested witness relative to a parol agreement between claimant and his deceased father, whereby the father agreed that if the son would move from his own home to the home of the father and take care of the father and mother for the remaining portion of their lives, upon their deaths all property of the father would belong to the son. It was admitted that the parol agreement was barred by the statute of frauds but evidence of the agreement was offered in support of the son’s claim on the quantum meruit. The holding in the case was that the testimony was admissible for that purpose, and the cause was reversed for the trial court’s sustaining objection thereto. In the case at bar, testimony partially similar to the above was admitted but, the evidence being in conflict, the trial court found that the claimant had not carried the burden of establishing her claim.
¶4In the case of Moore v. Robinson, supra, there was testimony from a disinterested witness that deceased had said “she wanted the plaintiff to have what she had when she died.” The holding was that such testimony was properly admitted as tending to show that the deceásted intended to' compensate plaintiff and that plaintiff expected to be compensated for board and lodging furnished to deceased by plaintiff. In that case, the trial court gave judgment for the plaintiff and it was affirmed here. In the case at bar, the trial court admitted the plaintiff’s evidence but gave judgment for the defendant. We are not asked to reverse for alleged error in the admission of testimony but appellant seeks reversal of the trial court’s holding on the effect of the admitted testimony. Where the evidence is in conflict, the finding of the trial court has the effect of a jury verdict. It is here presumed to be correct. Ala.Dig., Appeal and Error, 931. We do not find the evidence sufficient to overcome such presumption.
¶5Opinion extended. Application for rehearing overruled.