Hoyt

Plaintiff appeals from a judgment entered in favor of defendants upon an order of court sustaining a general demurrer to the second amended complaint for the specific performance of a contract, without leave to amend.

The ease stated by the complaint, so far as material, is in substance as follows: Hattie Mclntire died in September, 1917, leaving an estate the value of which, as distributed to defendants as the heirs of deceased under an order of court, was $3,469.12. It is alleged that in March, 1903, a contract was entered into between plaintiff and said Hattie Mclntire, “by the terms and conditions whereof this plaintiff promised and agreed to and with the said Hattie Mclntire that he would render to the said Hattie Mclntire from that time during the remainder of the term of her natural life such care and personal services as she might require of him, and particularly that he would attend to the business affairs of the said Hattie Mclntire both in connection with her real property and otherwise and that he would endeavor to so manage and conduct her affairs in such manner if it were possible that the said Hattie Mclntire would, during the remainder of her lifetime, be assured…