Smolka v. James T. Chandler & Son, Inc.

Layton, Chief Justice:

This is a writ of error to review a judgment entered on a verdict in favor of the plaintiff. Maintaining the designations of the parties below, the plaintiff, an undertaking establishment, sued the defendant personally to recover its charges for the funeral expenses of one Peter Djreka, who died on June 14, 1938. The defendant was the stepson of the deceased, and the executor of his will. The declaration consisted of appropriate common counts, and attached was a bill of particulars headed, “Estate of Peter Djreka, 109 Poplar Street”.

Evidence introduced on behalf of the…