Westwood v. Richards

This is an action for the specific performance of an oral agreement entered into by Edward W. Westwood and one Morris — the interest of the latter being subsequently acquired by Westwood — with Charles W. Dyke, now deceased, under the terms of which Dyke was to convey to them by deed a nonassessable one-third interest in certain mining properties. Defendants in error, who were defendants below, are heirs at law of Dyke, one of them being the administratrix of his estate. At the close of plaintiffs case, counsel for defendants interposed a motion for nonsuit, and the court, holding that the…