Day v. Tribble

Undercofler, Justice.

This is an action for specific performance of an oral contract. Plaintiff contends that she consented to the probate of her mother’s will upon the promise of her stepfather, sole devisee of the estate, that he would give her certain items of personal property and a life estate in the home place consisting of the residence and 26 acres of land. The jury found for the plaintiff. Defendant appeals. Held:

1. Under our present form of notice pleadings the petition set out a cause of action for specific performance. It was not error to deny the motion to dismiss. Roberts v.…