Guenzler v. Guenzler

PUDLOWSKI, Judge.

Appellant appeals from the trial court’s sustaining of respondents’ motion to dismiss with prejudice appellant’s petition in equity for specific performance of an oral contract to convey real estate. Appellant contends that his motion sufficiently stated a cause of action and, alternatively, that if it failed to state a cause of action, that the trial court erred by refusing to allow appellant to amend his petition. We hold that appellant’s pleading stated a cause of action and reverse and remand.

On July 10, 1983, Charles L. Guenzler died intestate. Appellant, John W.…