Olsen v. Dixon

Lees, C.

This is a suit to enforce specific performance of a parol contract between the plaintiffs and James L. White, now deceased.

In effect the contract was one which provided that White should dispose of all his property by will, designating plaintiffs as sole beneficiaries under the will in consideration of personal services they were to render to him during his lifetime.

At the trial, after counsel for plaintiffs had made his opening statement, objection was made to the introduction of any evidence on the ground that the complaint fails to state facts constituting a cause of actiod. The…