Doty, Exr. v. Peters

These two cases are appealed on questions of law from judgments for the defendants, entered by the Court of Common Pleas upon motions of the defendants at the conclusion of plaintiff’s opening statement. Both cases were brought by the same plaintiff, as executor, against different devisees. Each petition contained two causes of action, one upon an express contract, the other for a separate claim upon quantum meruit. By agreement both cases were consolidated for trial by the court, a jury having been waived. The facts in the two cases are similar and the questions identical.

The action of the…