Wall v. . Williams

Smith, 0. J.

The plaintiff’s complaint demands com pensation for services rendered to the testator of the defendants, a diseased and aged man of eighty years, during the latter part of his life and subsequent to the death of his wife, for which he and the guardian, into whose hands he had been committed, promised to pay.

The defendants, besides denying their testator’s liability, set up in defence a covenant of lease entered into between him and the plaintiff, which they relied on as excluding any such charge and furnishing material for a counterclaim in connection with the facts alleged.

The…