Downs v. Perkin

This is an action of contract to recover for board and lodging furnished by the plaintiff to one William H. Mellins, the brother of the defendant, upon an alleged original undertaking by the defendant to pay for the same. The declaration was in two counts, the first being upon an account annexed, and the second for the sum found due upon an alleged accounting together. The presiding judge* ruled that the evidence did not support the second count and the case was submitted to the jury on the first count alone.

At the time of the making of the alleged promise the parties were all residents of…