Foster, Exr. v. Wehr

Opinion bit

Stadtfeld, J.,

This is an appeal by plaintiff from the refusal of the lower court to take off a nonsuit in an action of assumpsit brought by Harry K. Foster, executor of the last will and testament of Mary Reed, deceased, against A. A. Wehr. The action was brought to recover the sum of $380.75 plus interest claimed to be due on a running account representing the sale of merchandise by plaintiff’s decedent, Mary Reed, to the defendant.

Paragraphs two and three of the statement of claim are as follows: “2. The said Mary Reed during her lifetime conducted a store in said Economy…