The F. M. Orton Company v. Earl

Plaintiff is in the undertaking business in the city of Rome. In that city, in May, 1929, one Charles H. Barber died. Plaintiff furnished the funeral, more or less definitely upon the order of some or all of the defendants. Defendant Earl was the fiancée of the decedent and defendant Fred E. Barber was his brother and the other defendant is the brother’s wife. Plaintiff has brought this action against all three, claiming that they definitely promised to become responsible for the furnishing of the funeral. The defendants Barber answer jointly by separate attorney from that of the defendant…