O'Brien v. O'Brien Steel Construction Co.

Opinion by

Mr. Justice Roberts,

We are asked in this appeal to reverse a $10,000 judgment for plaintiff in an assumpsit action because of the asserted illegality of the underlying contract.

Plaintiff, William G-. O’Brien, Jr., is the brother of defendants Helen, James, John and Joseph O’Brien, and Sue O’Brien Miller. All are children of William and Ada O’Brien, both now deceased. The principal sum was found to be due plaintiff as a third party donee beneficiary of a contract between defendants and their parents.

*377William, Jr.’s chief witness was his brother James who recounted a meeting at his…