Di Santo v. Alper Et Ux.

Opinion by

Baldrige, J.,

This action in assumpsit was brought by the plaintiff to recover from the defendants the sum of $100 which the plaintiff claimed to be due him under an oral contract, by which the defendants agreed to pay him that amount in consideration that he furnish $2,000 of the $4,000 bail required by Eli Alper, who was then in jail. The defendants acknowledged that they promised to pay the plaintiff $100 but claimed that he was to secure the entire amount of the $4,000 bail and that $40 was paid by them to him on account thereof, but that he never furnished the bail. The…