Rudolph v. Hartung

Spencer, Retired Justice.

This is an action for specific performance of an oral contract to execute a will permitting plaintiff, Harry Rudolph, to purchase farmland at a specific price. After hearing, plaintiff’s petition was dismissed. Two questions are presented by Rudolph’s appeal. (1) Was there an agreement to execute a will? (2) If so, was there sufficient performance to remove the contract from the statute of frauds? We affirm.

Rudolph became a tenant on the Charles McDaniel farm in Sarpy County in late 1953. The farm consisted of 210 acres, divided by the Rock Island Railroad. A tract of…