Nute v. Fry

William T. Nute, Jr., instituted this action on a demand, based on a parol contract, for $25,000 against the estate of George H. Nute, deceased. Cast on demurrer at the close of all the evidence, he appeals. The contested issues presented for review are: Was the contract against public policy and void? Was the party with whom the contract was made a competent witness? Was there substantial evidence establishing the contract?

William T. Nute, Sr., and George H. Nute were half brothers and partners in a livestock brokerage business in Kansas City, Missouri. Each was married. William T's son,…