Firpo

The action is upon an assigned claim of one Prank De Patta against defendant Slyter. The complaint is on the common count for money laid out and expended by said De Patta for the use and benefit of defendant. Issue was joined by a specific denial. Judgment went for defendant and plaintiff appeals. In determining the questions presented it becomes necessary to recite in a general way the facts involved in the controversy. De Patta was engaged in the business of soliciting life insurance. In the course of this work he approached the defendant Slyter and interested him to the extent of a consideration of the advisability of making certain changes in his insurance. Discussion was had concerning the policies being carried by Slyter, but apparently the matter went no further. Some time thereafter a physician called at the home of the defendant and stated that he had been sent by De Patta to make a physical examination of defendant. The testimony of the defendant is that he told the doctor that he had ordered no policy and the doctor then assured him no obligation was being incurred and that the examination was merely preliminary so that it might be ascertained what company might accept…