F. I. Somers & Sons, Inc. v. LeClerc

This is an action of contract in which it is alleged that in consideration of the discharge of an indebtedness due from the defendant’s mother the defendant promised to pay it out of the rents and profits of her mother’s real estate and out of the proceeds from its sale. The case comes here upon exceptions to the direction of a verdict in favor of the defendant.

It was conceded that the plaintiff had a valid account against the defendant’s mother, and, viewing the evidence most favorably to the plaintiff, it appeared that on February 12, 1934, the defendant came to the plaintiff’s store and…