Miller v. Estate of Prater

JONES, Justice.

This is an action for breach of a contract made by a married couple for disposition of the survivor’s estate. Thomas Miller (Miller) brought suit against the survivor’s estate, claiming violation of the agreed disposition provisions. The district court' entered judgment in favor of Miller upon jury verdicts (1) finding the survivor’s estate liable for breaching the contract and (2) awarding damages. The estate appealed, claiming the district court erred in denying its motion for summary judgment and in allowing the jury to determine the amount of damages. This Court affirms the…