Dougherty v. Cross

WOOD (Parker), J.

This is an action for declaratory relief and for the delivery of personal property. Plaintiff appeals from the judgment in favor of defendants.

The contract concerning which declaratory relief was sought was executed on December 31, 1926, by defendant Cross as the first party, and plaintiff Dougherty, defendant Helen R. Heath and F. L. Neuer as the second parties. F. L. Neuer is deceased, and defendant Ralph E. Heath is the administrator of her estate. Ralph E. Heath is the son of F. L. Neuer and the husband of Helen R. Heath. The contract provides in part as follows:

“Whereas…