Schmidt v. Foster

Paul Foster sued his nephew, Lewis K. Foster, and Gerald E. Schmidt, claiming, in the first cause of action, $11,627.08 for work and labor performed and materials furnished in the constructing of a building to be used as an apartment house and, in the second cause, $5,000 by reason of defendants’ breach of an agreement that he have a life tenancy in a portion of the premises. The court gave plaintiff judgment against defendants for $4,000 on the second cause of action, 1 and defendants have appealed.

The facts are not seriously in dispute. Defendants’ version is as follows: Plaintiff was about…