Hagerman v. Hagerman

The opinion of the court was delivered by.Harvey, C. J.:

This was an action for a declaratory judgment to determine the merchantability of title to certain real property in which it was necessary for the court to construe a certain contract and will made in pursuance thereof and later instruments attempting to rescind the contract and revoke the will. The trial court held the original contract and will were not rescinded and revoked by the subsequent instruments. The appeal is from the judgment based on those findings.

The facts are not controverted and may be stated as follows: George W.…