Fellhauer v. Fellhauer

At the close of the plaintiffs’ evidence on a trial to the court, without a jury, of this action, whose object was to enforce specific performance of an oral agreement to devise farm lands, the court declined to hear from the defendants, deeming the plaintiffs’ evidence insufficient, and thereupon, on the motion of the defendants, dismissed the action. Plaintiffs ask for reversal.

Albert Schneider, an aged German, owned 320 acres of land in Pueblo County. The result of tilling these lands by himself and tenants was not satisfactory. On this *359account, and because of advancing age and inability…