Cummings v. Brenci

The plaintiff brought this action of contract to recover the fair value of services to the defendant’s testator under an oral contract to render service in consideration of the promise of the defendant’s testator to make a will leaving all his property to the plaintiff’s minor child. The jury found for the plaintiff. The defendant excepted to the refusal of the trial judge to direct a verdict and to instruct, in substance, that if the jury found that at the time of the alleged agreement the plaintiff was married and not living apart from her husband for justifiable cause the contract was void…