Harold v. Harold

The opinion of the court was delivered by

Miller, J.:

This is an action for specific performance of an oral promise to convey real estate. The trial court sustained defendant’s motion for summary judgment, and plaintiffs appeal. For the reasons set forth in this opinion, we reverse.

While a full factual recitation is not necessary, a short statement of the background may throw some light upon the plaintiffs’ claims. Edward Harold died in 1962, owning at the time of his death nine separate quarter sections of land in Wallace County, Kansas. He was survived by his widow, Elizabeth, and his son,…