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FOULKS v. STATE SAVINGS BANK

Docket No. 77, Calendar No. 47,511.

362 Mich. 13 (1960)

106 N.W.2d 221

FOULKS v. STATE SAVINGS BANK OF ANN ARBOR.

Supreme Court of Michigan.

Decided December 2, 1960.

Attorney(s) appearing for the Case

Harold E. Bledsoe and William F. Bledsoe, for plaintiff.

Roscoe O. Bonisteel and Roscoe O. Bonisteel, Jr., for defendant.

PER CURIAM:

This bill for specific performance of an averred testamentary contract was dismissed on motion at the close of plaintiff's case. We find, for presently stated reasons, that the proof made a prima facie case for relief as prayed and that reversal and remand are consequently in order.

Stated and accepted question No. 1 presents the sole issue which, at this stage, is properly open for decision. The...

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