JOHANSEN v. DAVENPORT BANK & TRUST CO.

No. 47795.

46 N.W.2d 48 (1951)

JOHANSEN v. DAVENPORT BANK & TRUST CO.

Supreme Court of Iowa.

February 6, 1951.


Attorney(s) appearing for the Case

Cook, Blair & Balluff, of Davenport, for appellant.

Harold F. Thuenen, of Davenport, for appellee.


GARFIELD, Justice.

This action is in equity by a surviving husband for specific performance of a claimed oral contract by which he and his wife agreed to leave all his or her property to the survivor. The principal question is whether the pleaded contract has been proven. The trial court held not. We reach the same conclusion.

Plaintiff has the burden to prove the oral contract relied upon by clear and satisfactory evidence. Campbell v. Dunkelberger, 172 Iowa...

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