Fitzke v. Fitzke

Defendant appeals from the order denying her motion in the alternative for judgment notwithstanding the verdict or a new trial.

The action is upon a written contract to recover a certain sum of money. The answer alleged want of consideration; that there were ten persons to the agreement and it was executed by defendant upon the understanding that it should not take effect unless executed by all; that one refused to sign and that the contract ivas never delivered. The defense. of want of consideration wholly failed. In fact, consideration appears as a matter of law.

Defendant is the mother of…