King v. Rodgers

*312The opinion of the court was delivered by

Mason, J.:

On August 20, 1912, Peter Gillespie and his sister, Nellie Rodgers, entered into a written contract with Dr. L. R. King, by which they agreed to pay him $350, Nellie Rodgers also agreeing that in case Peter Gillespie died without having, paid it she would pay it from the proceeds of a certificate in a fraternal order of which she was the beneficiary. Peter Gillespie died June 21, 1919, without any payment having been made to Doctor King. On October 4, 1919, Doctor King brought this action against Nellie Rodgers seeking to recover from her…