THEOBALD v. AGEE

No. 41738.

276 N.W.2d 191 (1979)

202 Neb. 524

Dale A. THEOBALD, Appellant, v. Eloise A. AGEE, Executrix of the Estate of Richard H. Rogers, Deceased, et al., Appellees.

Supreme Court of Nebraska.

March 13, 1979.


Attorney(s) appearing for the Case

Barney & Carter, P. C., Lincoln, for appellant.

Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for appellees.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.


BRODREY, Justice.

Plaintiff below, Dale A. Theobald, appeals to this court from the order entered by the District Court for Lancaster County, dismissing an action brought by him against the Executrix of the Estate of Richard H. Rogers, deceased, and his heirs and devisees, seeking specific performance of an alleged oral contract for the devise of an interest in a farm located near Minden, Nebraska.

In his amended petition, Theobald alleges the deceased, Richard...

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