Ogilvie v. Ogilvie

CLEMENS, Judge.

The sole issue here is whether defendant-appellant Bertha May Welland’s promise to “aid and assist” co-defendant Byron Ogilvie in paying his promissory note, payable to plaintiff Mary Ogilvie, is so vague and uncertain a promise as to be unenforceable against her. We hold it is and reverse the trial court’s $3,000 judgment against defendant-appellant Bertha May Welland.

Before Mary Ogilvie filed this action against Byron Ogilvie and Bertha May Welland the Ogilvies had been divorced. In compliance with their marriage settlement Byron executed a $3,000 promissory note payable to…