Luther v. National Bank of Commerce

Plaintiff brought suit against the executor of an estate to enforce specific performance of an oral contract wherein the decedent had agreed to devise his entire estate to plaintiff. Upon a trial without a jury, the court made findings, drew conclusions, and entered a decree granting the relief sought. The executor has appealed.

There is no dispute as to the facts. The assignments of error raise only questions of law. We can make no better statement of the case nor portray a clearer pic ture of the situation than those presented by the court’s own findings. We therefore quote them verbatim.

“I

“T…