Per Curiam.
The court erred in dismissing the petition on general demurrer. The allegations of the petition show a specific and definite contract, the terms of which can not be said as a matter of law to be inequitable and unenforceable, and its specific performance not having been rendered inequitable by reason of the early death of the promisor, which must have been in contemplation of the parties.
Judgment reversed.
All the Justices concur, except

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