McMAHON v. AUGER

No. 8874.

357 P.2d 374 (1960)

Margaret McMAHON, Plaintiff-Respondent, v. B. AUGER, Administrator of the estate of Jack Wilks, deceased, Defendant-Appellant, and The State of Idaho, Defendant.

Supreme Court of Idaho.

November 29, 1960.


Attorney(s) appearing for the Case

Paul W. Hyatt, Lewiston, B. Auger, Grangeville, for appellant.

Cox, Ware, Stellmon & O'Connell, Lewiston, Wm. J. Dee, Grangeville, for respondent.


KNUDSON, Justice.

Respondent Margaret McMahon commenced this action seeking specific performance of an alleged oral agreement made by Jack Wilks (hereinafter referred to as Wilks) to devise certain farm land in Idaho County to respondent. Appellant not having offered any evidence the proof submitted by respondent is undisputed. Briefly the facts are that respondent, at an early age, was placed in the custody of her aunt Sarah Ellen Yates, who was the then owner of...

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