Nordboe v. Frye

Citations

• 107 Kan. 291
• 191 P. 282
• 1920 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Oral Contract — To Leave Property to Plaintiff — No Material Vari- ■ anee Between Petition and Evidence. A difference between the date and character of the contract shown by the evidence and that pleaded is held not to require a reversal, because it doe's not appear that any prejudice resulted.</p> <p>2. Same — Contract Performed by Plaintiff — Evidence. The evidence is held sufficient to justify findings that when the plaintiff was 14 years of age a contract was made between him and his mother on the one hand and the decedent whose estate is in controversy on the other, that at the death of the latter the plaintiff was to have all the property he left, in consideration of remaining with him and working for him until the plaintiff should come of age, and that the plaintiff had carried out the agreement on his part.</p> <p>3. Same — Contract Not Inequitable — Not Within Statute of Frauds. It is held that enforcement of the contract referred to should not be refused either on the ground of inequity or because of the statute of frauds.</p>