Rooney v. McDermott

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover an undivided half interest in 320 acres of Kiowa county land under a claim thereto founded on an oral contract made during plaintiff’s infancy between plaintiff and certain persons concerned in his welfare on the one part and the parents of defendant on the other part.

In substance the alleged contract was that in the year 1891, when plaintiff was nine years old, James T. Wallace and Susan Wallace, parents of defendant, made an agreement with plaintiff and with his custodians, by the terms of which plaintiff was…