125 Minn. 118 | Minn. | 1914
In each of the above cases, a motion by defendants for judgment on the pleadings was granted, judgment was entered, and the plaintiff appealed therefrom. The only question now before this court is whether the complaints, which are substantially identical in form, state a cause of action. They are lengthy and we shall merely indicate certain facts appearing therefrom without attempting to set them forth even in substance.
The plaintiffs are brother and sister, and the children of Matthew and Jane Carr. Their mother died in 1871, when John was six and Frances ten years of age. Maurice Clancy and his wife Mary lived upon a farm in Washington county and were childless. In 1871, and shortly after the death of their mother, the father of plaintiffs, for and in their behalf, made an agreement with Maurice Clancy, whereby Clancy agreed to take and adopt them into his own family, and to provide them a home, and to treat them in all respects as his own
1. It is well settled that a person may by contract bind himself and his estate to give or will his property to certain designated persons at his death. Newton v. Newton, 46 Minn. 33, 48 N. W. 450; Laird v. Vila, 93 Minn. 45, 100 N. W. 656, 106 Am. St. 420; Haubrich v. Haubrich, 118 Minn. 394, 136 N. W. 1025. It is likewise well settled that, even if such contracts rest in parol, the courts may, in proper cases, enforce specific performance thereof. Svanburg v. Fosseen, 75 Minn. 350, 78 N. W. 4, 43 L.R.A. 427, 74 Am. St. 490; Stellmacher v. Bruder, 89 Minn. 507, 95 N. W. 324, 99 Am. St. 609; Laird v. Vila, 93 Minn. 45, 100 N. W. 656, 106 Am. St. 420.
But to authorize a court to decree the specific performance of an
If, however, the part performance consisted in assuming a peculiar personal and domestic relation as a member of the family of the promisor, and in giving him the society and services incident to such relation and of a kind and character, the value of which is not measurable in money, specific performance may be granted if the contract be satisfactorily proven. Svanburg v. Fosseen, 75 Minn. 350, 78 N. W. 4, 43 L.R.A. 427, 74 Am. St. 490; Stellmacher v. Bruder, 89 Minn. 507, 95 N. W. 324, 99 Am. St. 609; Laird v. Vila, 93 Minn. 45, 100 N. W. 656, 106 Am. St. 420; Fiske v. Lawton, 124 Minn. 85, 144 N. W. 455.
2. Upon motion for judgment on the pleadings, every reasonable intendment will be indulged in favor of the sufficiency of the pleading attacked. The rule is more liberal in favor of the pleading than when it is attacked by demurrer. Ames v. Brandvold, 119 Minn. 521, 138 N. W. 786. 2 Dunnell, Minn. Dig. § 7694, and cases there cited.
Construing the complaints as required by this rule, they state a cause of action within the -principles established by Svanburg v. Fosseen and Laird v. Vila, supra.
Respondents urge that the facts will not bring plaintiffs within the doctrine of those cases. But we are here concerned with the pleadings only. The .evidence has not been presented, and we are not at liberty to assume that plaintiffs will fail in their proofs. The complaints must be sustained, if it may reasonably be inferred therefrom that facts exist which will justify a recovery. They are suffi
The contention that these cases were not within the jurisdiction of the district court is without force. Laird v. Vila, 93 Minn. 45, 100 N. W. 656, 106 Am. St. 420.
Judgments reversed.