OGILVIE v. OGILVIE

No. 34298.

487 S.W.2d 40 (1972)

Mary OGILVIE, Plaintiff-Respondent, v. Byron OGILVIE, Defendant, and Bertha May Welland, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or to Transfer Denied November 10, 1972.


Attorney(s) appearing for the Case

Frank W. May, Desloge, Dearing, Richeson, Roberts & Wegmann, by John A. Schneider, Hillsboro, for defendant-appellant.

Limbaugh, Limbaugh & Russell, by Rush Limbaugh, Don U. Elrod, Cape Girardeau, for plaintiff-respondent.


Motion for Rehearing or to Transfer to Supreme Court Denied November 10, 1972.

CLEMENS, Judge.

The sole issue here is whether defendant-appellant Bertha May Welland's promise to "aid and assist" co-defendant Byron Ogilvie in paying his promissory note, payable to plaintiff Mary Ogilvie, is so vague and uncertain a promise as to be unenforceable against her. We hold it is and reverse the trial court's $3,000 judgment against defendant-appellant Bertha May Welland...

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