Bassford v. Radsch

Appeal from an order denying a motion to strike out an affirmative defense as insufficient in law (Rules Civ. Prac., rule 109, subd. 6). The decedent, who died on January 31, 1957, was appellant’s brother. The complaint alleges that, prior to January 22, 1957, appellant was informed that she required medical and surgical services of an extensive nature and her needs in this regard were communicated to decedent. Thereafter and prior to January 23, 1957 the decedent agreed and promised that, upon appellant’s submitting herself to medical treatment, then recommended, and attending to the same at…