Cole v. Cole

The defendant’s demurrer to the plaintiff’s declaration was sustained on the grounds that it failed to set forth concisely and with substantial certainty the substantive facts necessary to constitute the cause of action and that it did not contain any single, clear and distinct cause of action. The writ describes the action as sounding in tort.

The declaration states in substance that the plaintiff is a brother of the defendant; that by an agreement entered into between him and his mother within ten years last past, the plaintiff at the request of his mother promised and agreed to live near,…