Decatur v. Cooper

The plaintiff was denied a recovery in this case because the court found that she was estopped from prosecuting her claim. The. defendant has consistently contended, however, that regardless of the question of estoppel her case is fatally defective be cause there is no evidence of any promise on the part of the testator to pay for the services that form the basis of her account. Since a decision in favor of the defendant upon this point would dispose of the case it will be considered first.

The action of assumpsit is to recover damages for the breach of the decedent’s promise to pay. To…