Harris' Admr. v. Harris
Harris' Admr. v. Harris
Opinion of the Court
Opinion op the Court by
Reversing.
T. J. Harris was the husband of Gertrude Hall Harris, who died in the year 1892, the owner of 32 abres of land
T. B. Harris pleaded, and his evidence tends to show, that his father agreed that if he would convey the land to Berry, his father would invest the consideration in Logan county land, and that his father failed to keep this agreement. There was further evidence that Logan county land had greatly increased in value. It is conceded that under ordinary circumstance's the father, who was a life tenant, was entitled to the income from the proceeds of the 'sale, but insisted that as. the father failed to comply with his agreement to invest the proceeds of the sale in Logan county land, which would have resulted in increasing the corpus of the estate, and there is no other way by which T. B. Harris may be compensated for the breach of the contract, the court did not err in allowing him interest. ! >
It is not pleaded, nor does the evidence show, that the decedent agreed to invest 'the proceeds of the sale of the Simpson county land in any particular tract of Logan county land. If such had been the agreement, the value of the particular tract when the agreement was made, and its value when the decedent died, might have been shown, and from this evidence we might be able to say that T. B. Harris had been damaged by the breach of the agreement. However, as the case is! presented,, we would have to assume that the decedent might have displayed good judgment in the purchase of the Logan
The motion to tax certain costs against the appellants is overruled.
Judgment reversed and cause remanded with directions to enter judgment in conformity with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.