GREEN v. HORTON


326 Mass. 503 (1950)

95 N.E.2d 537

EDNA GREEN vs. JOSEPH N. HORTON.

Supreme Judicial Court of Massachusetts, Middlesex.

November 30, 1950.


Attorney(s) appearing for the Case

M.S. Taylor, for the defendant.

M. Rosenthal, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.


SPALDING, J.

This action of contract on an account annexed was originally brought by Earl S. Johnson (hereinafter called Johnson), an undertaker, to recover the funeral expenses arising out of the burial of the defendant's wife, Albertina Green Horton. There was evidence that on December 5, 1949, after the action was commenced, Edna Green, the daughter of Mrs. Horton by a previous marriage, paid Johnson $645.75, the amount...

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