Bedell v. Oliver H. Bair Co.

Opinion by

Cunningham, J.,

The questions involved upon this appeal relate not only to the validity of a judgment entered for want of a sufficient affidavit of defense but also to the amount of damages assessable thereunder, if valid.

On April 30, 1902, plaintiff and defendant entered into an agreement in writing, called a “Benefit Bond," under the provisions of which defendant, in consideration of the payment by plaintiff of forty-six cents on the first day of May, August, November and February, each and every year during his lifetime, agreed “to care for and inter the remains" of plaintiff at a…