Gaess v. Gaess

The named plaintiff’s intestate and the two defendants named in the writ, Albert H. Gaess and Adam R. Muchalight, entered into a written agreement to make contributions to a fund to be held in trust by Albert H. Gaess. This action is based upon a provision in the contract that if the fund should not be used for the purpose for which it was intended it should be distributed to the parties to the agreement in equal shares. In accordance with this provision, the trial court gave judgment for the plaintiff to recover one-third of the fund from the named defendant. The defendants appealed,…