Henry v. Scurry

The opinion of the court was delivered by

Dawson, C. J.:

This is a rehearing. The original opinion was filed on May 8, 1943. (156 Kan. 788, 137 P. 2d 222.)

The present question is whether this action for specific performance, if sufficiently maintained, presents a situation which takes it out of the ordinary rule that equity will not specifically enforce an oral contract to devise real property by will when the promisee can be adequately compensated in money for breach of such contract.

Counsel for appellants contend that the rule announced in the syllabus, paragraph 7, and the corresponding…