Cunningham v. Cunningham

WEATHERBEE, Justice.

In 1970 the Plaintiff son brought suit against the Defendant, his mother, seeking to obtain damages for breach of an alleged oral contract to devise land. By counterclaim the Defendant seeks a money judgment for the Plaintiff’s occupation of the land without rent, for his sale of wood without an accounting of profits, and for his damaging of the homestead. The matter was assigned to a referee who heard the testimony but died before reaching a decision. By agreement of the parties, a new referee was appointed. The second referee, using the written transcript of the earlier…