Dayton's Estate

Opinion by

Tbexlek, J.,

This matter was before this court in Dayton’s Estate, 88 Pa. Superior Ct. 280, where we held that a certain note given by W. E. Dayton to his brother, John R. Dayton, was a valid obligation founded upon sufficient consideration and that it covered among other things, the loss which might ensue to the payee by reason of his investments in a certain oil lease. The matter was sent back to the lower court to ascertain what the amount of the loss was.

When a hearing was had for that purpose, there was evidence submitted to show the investment that the payee of the note had in…