West v. Sims

The opinion of the court was delivered by

Smith, ¡T.:

This is an action for specific performance of a contract to convey real estate made between two parties for the benefit of a third party. Judgment was for the plaintiff. Defendants appeal.

After alleging the formal matters, the petition alleged that plaintiff was the foster daughter of William H. Sims and Ida Sims, husband and wife, and had resided with them until her marriage; that on or about June 11,1932, William and Ida Sims entered into an oral contract by which it was agreed to devise to the survivor all of the estate left by the one…