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GERDES v. OMAHA HOME FOR BOYS

No. 34364.

89 N.W.2d 849 (1958)

166 Neb. 574

John D. GERDES and Blanche Gerdes, Appellants, v. The OMAHA HOME FOR BOYS, Omaha, Nebraska, Fred Butler and O. M. Campbell, first and real name unknown, Appellees.

Supreme Court of Nebraska.

May 2, 1958.

Attorney(s) appearing for the Case

Lyle Q. Hills, Omaha, for appellants.

Mecham, Stoehr, Rickerson & Sodoro, Crossman, Barton & Quinlan, Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

BOSLAUGH, Justice.

The object of this litigation is to secure specific performance of an alleged oral contract by which appellants claim Leo G. Butler and Margaret B. Butler obligated themselves to give their property by wills to appellants.

The following is the substance of the petition of appellants: Leo G. Butler and Margaret B. Butler, husband and wife, by an oral agreement made August 19, 1950, with appellants bound themselves to devise and bequeath all...

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