Downing v. Maag

1 Reported in 10 N.W.2d 778. This is an action against the administrator of the estate and the heirs of Harry Moore, deceased, for specific performance of an alleged oral contract whereby Moore agreed to devise his estate to plaintiff. The trial court refused to grant specific performance on the ground that plaintiff had not sustained the burden of proof in establishing such a contract, and on the further ground that she had an adequate remedy at law. Plaintiff appeals from an order denying her motion for a new trial.

Plaintiff and Harry Moore became acquainted in 1899. At that time plaintiff…