Rubenstein v. Kleven

ALDRICH, District Judge.

In this case, which has been previously before the court, D.C.D.Mass., 150 F. Supp. 47, the plaintiff seeks to recover for breach of an agreement to pay her $1,000 a month for life, allegedly made in August, 1949, and performed until October, 1955, since which time admittedly no payments have been made. The defendant claims no payments were ever made, or owed. During plaintiff’s pretrial examination, now interrupted, she testified that with occasional lapses, which were promptly rectified, the defendant made payments to her every month of $1,000 in cash. This prompted…