Pope v. Cole

Undercofler, Justice.

This is an appeal from an order sustaining general demurrers and dismissing both counts of an equitable petition. Petitioner was granted leave to amend Count 2. It was dismissed after expiration of the time allowed to amend without an amendment having been filed. Held:

1. Count 1 of the petition alleges that the petitioner, his father and one Cole (the principal defendant herein) orally agreed on January 8, 1962, as follows: The father would convey certain land to petitioner in consideration of his agreement to provide his father with a home and necessaries for the balance…