RUDOLPH v. HARTUNG

No. 41957.

277 N.W.2d 60 (1979)

202 Neb. 678

Harry RUDOLPH, Appellant, v. Walter A. HARTUNG, Personal Representative of the Estate of Charles C. McDaniel, Deceased, et al., Appellees.

Supreme Court of Nebraska.

March 20, 1979.


Attorney(s) appearing for the Case

James T. Gleason of Collins & Gleason, Omaha, for appellant.

Dixon G. Adams, Papillion, for appellees.

Heard before BOSLAUGH, BRODKEY, WHITE, JJ., and SPENCER, Retired Justice, and COADY, District Judge.


SPENCER, Retired Justice.

This is an action for specific performance of an oral contract to execute a will permitting plaintiff, Harry Rudolph, to purchase farmland at a specific price. After hearing, plaintiff's petition was dismissed. Two questions are presented by Rudolph's appeal. (1) Was there an agreement to execute a will? (2) If so, was there sufficient performance to remove the contract from the statute of frauds? We affirm.

Rudolph became a tenant...

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