Warder

The complaint alleges that the plaintiffs are husband and wife; that in the year 1907 they and David H. Hutchison, the above-named decedent, entered into an oral agreement providing that “in consideration of board, lodging and washing to be furnished to and done for said David H. Hutchison by plaintiffs” during his lifetime, he would convey to them certain real property and “would leave the instrument of conveyance thereof so that it could be delivered after his death”; that, “in pursuance of said agreement and not otherwise,” they furnished him “board, lodging and washing . . . continuously” from the time of said agreement to the time of his death, February 22, 1923; that he did .not convey said real property to plaintiffs or compensate them for the aforesaid services; that such property is of the value of $2,000'; that, in reliance upon said agreement, the plaintiffs made improvements upon the property of the value of $1,000; that by reason of his breach of said agreement the plaintiffs have been damaged in the sum of $2,000; that in due time the plaintiffs presented their claim to the administrator of decedent’s estate and that the administrator wholly rejected the same.

The…