Opinion
Gen. No. 44,487. (Abstract of Decision.)
Opinion filed January 24, 1949 Released for publication February 4, 1949
SPECIFIC PERFORMANCE, § 129 — sufficiency of complaint. Where complaint in suit for specific performance of alleged oral contract with plaintiffs' stepbrother for an equal division of the estate of plaintiffs' stepfather, who had willed all his property to defendant, failed to show upon its face that there was any performance by plaintiffs, after alleged contract was made, to take it out of statute of frauds and merely alleged that stepfather's will was unjust and induced by defendant and his wife, complaint did not show that plaintiffs were entitled to contest will and was insufficient to warrant specific performance; hence decree dismissing complaint on defendant's motion was proper (Ill. Rev. Stat. 1947, ch. 3, par. 242; Jones Ill. Stats. Ann. 110.339).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. ULYSSES S. SCHWARTZ, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the June term, 1948.
Francis L. Williams and A.C. Lewis, for appellants;
Dale, Lytton, Haffner Grow, for appellee;
Arthur S. Lytton, of counsel.
Not to be published in full. Opinion filed January 24, 1949; released for publication February 4, 1949.