Barrett v. McMannis

The opinion of the court was delivered by

Thiele, J.:

This was an action to specifically enforce a contract for the sale of real estate.

The trial court sustained a demurrer to defendant’s answer and cross petition and he appeals.

Omitting formal parts and much of the detailed allegations, plaintiff’s petition alleged he was the duly appointed, qualified and acting administrator with the will annexed of Kisarah Maynard, *421deceased, a copy of his letters being attached; that Kisarah Maynard died May 22, 1935, and her will was duly admitted to probate, a copy of the will being annexed and referred to…