George v. Meinersmann

The opinion of the court was delivered by

Trenchard, J.

This is the appeal of the plaintiff below from a judgment of nonsuit at the conclusion of plaintiff’s opening to the jury.

The opening disclosed, and it is conceded, that the facts were these:

The plaintiff-appellant’s assignor, in October, 1930, orally agreed to forbear from foreclosing a mortgage held by him covering lands owned by Wilabert Realty Company, a corporation of which defendant-respondent is an officer and stockholder, in consideration of an oral promise on the part of the respondent that he would pay the principal and interest…