ABBOTT v. ABBOTT

No. 37321.

174 N.W.2d 335 (1970)

185 Neb. 177

Arthur J. ABBOTT, Appellant, v. Ethel S. ABBOTT, Appellee.

Supreme Court of Nebraska.

February 17, 1970.


Attorney(s) appearing for the Case

Wright, Simmons & Hancock, Scottsbluff, for appellant.

Finlayson, McKie & Fisk, Omaha, Lester A. Danielson, Scottsbluff, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

Arthur Abbott sued his stepmother, Ethel, to recover damages for promissory fraud and undue influence. He alleged that she thus had caused him to settle objections by his sisters to probate of their father's will. The district court rendered summary judgment for Ethel, and Arthur has appealed. Questions concern (1) relation back of amended pleadings for limitation purposes, (2) justifiable reliance on a promise made with intent not to perform it, ...

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