Ballou v. Campbell

BARNS, PAUL D., Associate Judge.

The trial court sustained the defendants’ motion to dismiss appellant’s amended complaint seeking specific performance and this appeal is from a final order of dismissal. We find error and reverse.

The complaint alleges that prior to July 1, 1951, the Cross County Truck Service, Inc. was in poor financial condition and was operating at a loss and that on or about that date the decedent, John M. Campbell, orally agreed that in return for plaintiff agreeing to and taking over the management and operation of Truck Service and “as a specific consideration for making…