Perlstein v. Westport Sanitarium Co.

Memorandum of decision on demurrer.

O’SULLIVAN, J.

This is a companion case to No. 62484, Perlstein, Admx. vs. Westport Sanitarium Company * , wherein the plaintiff, in a representative capacity, seeks damages for the death of her decedent on the theory of (1) breach of contract; (2) negligence; and (3) fraudulent representations. A demurrer addressed to each cause of action in that case has recently been sustained.

The present case relies on substantially the same set of facts alleged in the companion case. It is in two counts. The first may be summarized by saying that it alleges that the…