Kuhn v. Kuhn

The opinion of the court was delivered by

Mason, J.:

Maggie Kuhn, and Elmer Kuhn, the widow and only child of John Kuhn, jr., brought this action against his mother and two brothers, the purpose being to quiet the title of the plaintiffs to land which they claimed to own by virtue of an oral agreement between John Kuhn, jr., and the defendants, which had been' partly performed. The suit may perhaps be regarded as in the nature of one for the specific performance of the contract. A demurrer to the petition was overruled, and the defendants appeal, the principal question involved being whether it…