Cahill v. Mockett

This is an action for specific performance of a contract. The court found and decreed: (1) That the plaintiff did not prove by clear, competent and satisfactory evidence the contract alleged; (2) that, had the plaintiff proved that a contract was entered into, then and in that event the plaintiff has breached it and has wholly failed to perform it. From these findings and decree, plaintiff appeals.

The pleadings establish that Robert S. Mockett is the executor of the estate of Margaret Sheehy, deceased, who died on April 17, 1940, a resident of Lancaster county, Nebraska; that on May 24, 1940,…