CUMMINGS v. BRENCI


334 Mass. 144 (1956)

134 N.E.2d 133

CYMBELINE D. CUMMINGS vs. LOUIS R. BRENCI, executor.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1956.


Attorney(s) appearing for the Case

Angelo Morello, (Walter E. Steele with him,) for the defendant.

James M. Graham, (Simon B. Stein with him,) for the plaintiff.

Present: QUA, C.J., WILKINS, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The plaintiff brought this action of contract to recover the fair value of services to the defendant's testator under an oral contract to render service in consideration of the promise of the defendant's testator to make a will leaving all his property to the plaintiff's minor child. The jury found for the plaintiff. The defendant excepted to the refusal of the trial judge to direct a verdict and to instruct, in substance, that if the jury found that...

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