Kendzierski v. Kendzierski

Plaintiffs’ bill of complaint, while it seeks other relief, is fundamentally one for specific performance of an alleged oral agreement whereby, contingent upon performance on their part, plaintiffs upon the death of Mary Kendzierski were to become vested with title in fee to certain property formerly owned by her, she being the mother of plaintiff John Kendzierski. Defendants filed a motion to dismiss the bill of complaint for the following reasons: 1. Because no cause of action entitling them to equitable relief is set forth in plaintiffs’ bill of complaint. 2. Because plaintiffs seek…