Thomas v. Gouwens

Plaintiffs, James C. Thomas and Ernestine C. Thomas, filed an action against Keith Gouwens, individually and as executor of the estate of Peter J. Gouwens, deceased, seeking damages arising out of the breach of a written sales contract. The contract was executed by seller, Keith Gouwens, as executor of the estate of Peter J. Gouwens. On February 5, 1974, the court sustained defendant’s motion to strike and dismiss the complaint. Thereafter, plaintiffs moved to vacate the dismissal and for leave to amend the complaint. The motion was denied, and plaintiffs appeal.

The contract was for the sale…