Crone v. First National Bank

Plaintiffs appeal from a so-called judgment against them upon their failure to plead over after a demurrer to their complaint had been sustained.

The complaint was an attempt to state a cause of suit in equity for relief “in the nature of specific performance” of a contract to make a will in the favor of the plaintiffs. See Kelley v. Devin, 65 Or 211, 216, 132 P 535 (1913). The complaint alleged the terms of the contract, the consideration therefor, and the circumstances of nonperformance. (The decedent had made a will, allegedly in accordance with the agreement, but shortly before he died he…