Mills v. Dunk

Defendants’ assignments of error, properly made, present one question only, the sufficiency of the evidence to withstand their motions for judgment as of nonsuit. In this Court, however, they demur ore terms to the complaint on the ground that it contains no allegation that at the time defendants made their promise to support plaintiff for life, and thereby secured from her a deed to the property described in the complaint, they did not intend to perform the agreement.

If we construe the complaint liberally in plaintiff’s favor, it sufficiently alleges fraud in the treaty, i.e., that, in order…