Wilson v. Kearse

The opinion of the Court was delivered by

Mr. Justice Stabeer.

This action was brought against W. A. Kearse, as administrator of the estate of W. O. Thompson. After the trial of the case, Kearse died, and Beatrice Kearse was appointed administratrix of the estate and substituted as party defendant. The case originally involved three causes of action, but there is no appeal with reference to the first and third causes. The gist of the second cause is thus stated in the complaint:

“That on or about the 18th day of September, 1921, the said W. O. Thompson entered into a contract with the plaintiff…