Martin v. Martin

EDMONDS, J., pro tem.

The sole question presented by this appeal is whether a contract sued upon provided for payment conditioned upon receiving the money from a specified source or was not so limited.

Hattie A. Martin died leaving three sons, one of whom as executor and trustee of her estate, appears here as a plaintiff. Another son died and this action is against his estate for money alleged to be due and payable to the estate of his mother under a contract made by him after her death. The complaint recited the execution and delivery of this contract, which is set out in full, and demanded…