Tallman v. Smith

This action was instituted by plaintiff in error, plaintiff below, to whom we hereinafter refer as Mrs. Tall-man, asking for a declaratory judgment, determining her rights under a contract which she had entered into with her nephew-in-law, defendant in error Smith. The contract involved the sale of an interest in a hardware and implement store in the town of Center, which store Mrs. Tallman had owned and operated since the death of her husband in 1918. The other defendant in error, Lewis, is a party by virtue of his having purchased an interest in the property on January 1, 1932. The trial…