Rooney v. McDermott

Every suit must have a basis for its existence — something upon which it is founded, as a natural right or a right created by statute or by' contract, which has in some way been violated by some one. In this case the plaintiff relies upon a contract. Appellant in his brief says:

“This action is brought upon the contract to adopt the • plaintiff, by the terms of which plaintiff was to receive, upon the death of his foster parents, one-half of all property, both real and personal, of which they might die seized and possessed.”

In the natural order of things, the first thing for plaintiff to do in…