More Game Birds in America, Inc. v. Boettger

The opinion of the court was delivered by

Perskie, J.

The basic question requiring decision in this cause is whether the court below correctly adjudged that defendant was not liable for the balance of his written charitable subscription to plaintiff.

By concession of counsel for the respective parties, this cause, after issue was joined, was submitted to the trial judge, without a jury, for his decision. The record upon which the trial judge reached his decision consists in part of stipulated facts and in part of oral testimony.

From the record so submitted, it appears that plaintiff is a…