Rash v. Equitable Trust Co.

Harrington, J.,

charging the jury:

The real question in this case is, not whether the plaintiff was adequately paid for boarding and caring for Mrs.

Saxton, but whether there was an oral contract between them whereby Mrs. Saxton in return for the board and care to be given her by Mrs. Rash was legally bound to bequeath to Mrs. Rash, at her death, the entire balance or residue of her estate.

It is not contended that there was any lack of mutuality of obligation in the contract relied on by the plaintiff; and it may be that no such contention could be successfully made. At any rate, being no such…