Opinion
No. 28807
Decided December 10, 1941.
Supreme Court — Dismissal — No debatable constitutional question involved — Oral promise to leave real estate by will — Made by mother in consideration of daughters conveying partnership interest — Supplementary to written agreement — Specific performance of oral promise allowed — Degree of proof required — Parol evidence rule — Part performance — Adequacy of legal remedy — Sections 8621 and 10504-3, General Code.
APPEAL from the Court of Appeals of Franklin county.
Messrs. Vorys, Sater, Seymour Pease and Mr. Lyman Brownfield, for appellees.
Mr. H.W. Bradshaw and Mr. W.B. McLeskey, for appellant, William E. Cook.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BITTMAN, JJ., concur.