Behee ex rel. Cole v. Beem

The opinion of the court was delivered by ■

Smith, J.:

This was an action to compel the specific performance of an oral contract wherein it was alleged that the decedent had agreed to leave all his property to the plaintiff in consideration for services rendered. Judgment was for the plaintiff. The defendants have appealed.

The action was brought in the district court of Chautauqua county. The petition alleged that certain defendants were the sole heirs of one Samuel Beem; that Beem had died intestate; that plaintiff and Beem had entered into a contract whereby it was agreed that if plaintiff…