Runyan v. Van Iderstine
Massachusetts Supreme Judicial Court
Contract upon an oral agreement by Louisa H. Schubeler, the defendant’s testatrix, to pay to the plaintiff $1,000 for professional services rendered and to be rendered to her as her attorney by bequeathing that amount to him in her will. Writ dated October 4, 1915. In the Superior Court the action was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence by order of the judge the jury returned a verdict for the defendant.
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Contract upon an oral agreement by Louisa H. Schubeler, the defendant’s testatrix, to pay to the plaintiff $1,000 for professional services rendered and to be rendered to her as her attorney by bequeathing that amount to him in her will. Writ dated October 4, 1915. In the Superior Court the action was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence by order of the judge the jury returned a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtCarroll, J.
This is an action of contract to recover under an oral agreement, by which the defendant’s testatrix was to pay the plaintiff for his services as her attorney by bequeathing to him the sum of $1,000. The plaintiff disclaimed any right to recover for the value of his services; he sought to recover solely upon the agreement, and “waived any other right to maintain this action.” The defendant’s answer was a general denial, the statute of limitations and the statute of frauds. The court directed a verdict for the defendant.
R. L. c. 74, § 6, provides that no agreement to make a will or give a…
2Cases cited1 opinion
- Emery v. BurbankMassachusetts Supreme Judicial Court · 1895
3Cited by4 opinions
- Downey v. Union Trust Co.Massachusetts Supreme Judicial Court · 1942
- West v. Day Trust Co.Massachusetts Supreme Judicial Court · 1952
- Shopneck v. RosenbloomMassachusetts Supreme Judicial Court · 1950
- Sughrue v. BarlowMassachusetts Supreme Judicial Court · 1919