Caspers v. Frerichs

This is a suit in equity wherein it is sought to obtain specific performance of an oral contract to devise real and personal property and' establish a trust for the purpose of enforcing the same. At the conclusion of the plaintiff’s evidence defendants moved to dismiss for want of sufficient evidence to sustain a judgment. The trial court thereupon sustained the motion and entered judgment dismissing the case at plaintiffs’ costs. Motion for new trial was overruled and plaintiffs appealed to this court assigning that the trial court erred in sustaining the motion and in the refusal to receive…