Hager v. Tandy

It appears that plaintiffs filed their complaint on August 24, 1964, alleging that W.G. Tandy at all times pertinent was the owner of certain described lands in Pondera County; that on April 17, 1941, he orally promised plaintiffs that if they would enter upon and farm the lands in a proper manner and give to Tandy a percentage of the net income from the farm that upon his death he, Tandy, would leave a will giving all of his right, title and interest in the property to the plaintiffs; that the offer was accepted and plaintiffs carried it out; that on July 21, 1958, Tandy without the knowledge of the plaintiffs, conveyed the property to Robert W. Boucher, one of the defendants, who had fraudulently induced Tandy and conspired with him to deprive plaintiffs of the benefits of the oral contract; that Tandy died on May 24, 1959, intestate, thereby breaching the oral contract to make a will; and that Boucher paid no consideration to Tandy for the lands and the transfer was fraudulent.