Gunther v. Gunther
Massachusetts Supreme Judicial Court
Contract by the widow of Julius A. Gunther against the father of her late husband on an alleged oral agreement to pay the plaintiff $1,000. Writ dated November 8, 1900. In the Superior Court Richardson, J. refused to rule that the plaintiff could not recover and also refused other rulings requested by the defendant which are referred to by the court. The jury returned a verdict for the plaintiff in the sum of $1,028.50; and the defendant alleged exceptions.
1Opinion of the CourtHammond, J.
The contention of the plaintiff is that in consideration that she would deliver to the defendant the goods and effects of the estate of her late husband, namely, his clothes, watch and other property, and would assent to the appointment of the defendant as the administrator of the estate the defendant agreed to pay her $1,000 ; and that she has fully performed her part of the contract.
The evidence in support of this contention is not very strong, and a verdict for the defendant might reasonably have been expected. It- was strong enough, however, to present a case for the jury, and we cannot…
2Cited by2 opinions
- St. John v. St. JohnMassachusetts Supreme Judicial Court · 1916
- Swartz v. LiebermanMassachusetts District Court, Appellate Division · 1948