Weinberger v. Phillips

GALSTON, District Judge.

The jury having returned a verdict in favor of the plaintiff in the sum of $76,-347.88, decision was reserved on defendant’s motions to set aside the verdict and for a dismissal of the complaint.

The alleged contract was oral. There was no writing or other memorandum signed by the defendant. The plaintiff had married a daughter of the decedent. Since the action is brought against the ex*911ecutrix of a deceased person with whom the plaintiff alleges he made the contract, it becomes important carefully to scrutinize the evidence in the case. It will be helpful, for purposes…