Wallace v. Mertz, Admr.

Nichols, J. —

This is an action by appellant against appellees for breach of a written contract entered into between appellant and decedent Mertz and appellee Burt, whereby appellant agreed to lease certain premises owned by him to said parties upon the terms and conditions specified in said contract and they, in turn, agreed to accept a lease of said premises from appellant. The action was originally filed as a claim against the estate of decedent Mertz and, upon such claim being disallowed by appellee Mertz, administrator of the estate of decedent Mertz, the cause was transferred to the…