Caswell v. Stearns

For some years plaintiff and his family lived near Lydia Smith at Ludington and rendered her many neighborly services. .-Plaintiff claims that in 1919 he contemplated moving to Detroit, and that, in consideration of his remaining at Ludington, Miss Smith contracted to leave him at her death sufficient money to produce $3,000 per year interest. His claim on the contract was allowed against her estate in probate court at $60,000, and the executors appealed.

In circuit court, plaintiff moved for summary judgment upon affidavits of his wife and cousin. Defendants, filed affidavit of merits…