Smith's Estate
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1914, by W. Lewis Tallman, from decree of O. C. Phila. Co., July T., 1911, No. 82, sustaining exceptions to adjudication in Estate of Henry Hudson Smith, deceased. Exceptions to the adjudication of Gummey, J. The facts are stated in the opinion of the Superior Court. Errors assigned were in sustaining exceptions to the adjudication.
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellant presented at the audit of the decedent’s estate his claim for balance due for professional services, amounting to '$2,625. The claim was based upon the following contract:
“I agree to pay Dr. W. L. Tallman Five Thousand Dollars for his treatment of Locomotor Ataxia. Divided into payments as follows: Five Hundred Dollars every three months till paid.
Chicago, December 1st, 09.
H. H. Smith,
1712 Pine St.,
Phila.,
Pa.”
The auditing judge found the following facts: that decedent consulted Dr. Tallman of his own volition, and in December, 1909, went to Chicago for the…
2Cases cited3 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
- William P. Kelley Brick Co. v. Clay Product Supply Co.Superior Court of Pennsylvania · 1907
3Cited by1 opinion
- Byren & Weil, Inc. v. French & Keeley, Inc.Superior Court of Pennsylvania · 1931