Russell v. Davison

HUDSON, Special Justice.

This is an appeal by the plaintiff in error in an action for damages brought by him for failure of the defendants in error to deliver a legacy consisting of certain theatrical equipment. Answers of the respective defendants consisted of general denials and a plea of es-toppel in pais. Trial was had to a jury and resulted in a verdict in favor of the defendants. Since the parties occupiéd the same position in the lower court as here, they will be referred to herein as plaintiff and defendants.

There is little controversy over the essential facts. Plaintiff was bequeathed…