SMITH, J.
Here a contracting party "refused and neglected" further to abide by an agreement. The other parties sued him, not for breach of contract, but in tort. Upon motion ("plaintiff's declaration does not state a valid cause of action because it alleges an action in tort for the nonperformance of a contract") the trial court dismissed, with prejudice. His action is before us on a general appeal.
The contract was verbal. It related to the care and maintenance...
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