Lanier v. Poppell

DANAHY, Judge.

The question before us is the sufficiency of the allegations of an amended complaint seeking enforcement of an oral agreement to devise real property. The trial judge found the amended complaint sufficient to withstand a motion to dismiss. We reverse.

The following is a summary of the essential facts alleged in the amended complaint:

1. In 1947, appellee/plaintiff (Popped) entered into an oral agreement with his uncle, now deceased (the decedent), under which Popped agreed to render certain services to the decedent during the decedent’s lifetime in return for the decedent’s…