Daniels v. Hummel

The opinion of the court was delivered by

Mason, J.:

David Smith died intestate October 2, 1918, while holding the record title to a residence property which was occupied by Charles Y. Daniels and his wife. Daniels brought an action against the heirs for the specific performance of a contract he alleged to have been made by Smith by which the plaintiff was to have the property in consideration of his caring for Smith and making a home for him during his life. On the evidence the court'found for the defendants, and the plaintiff appeals.

At the conclusion of the plaintiff’s evidence the…