Costello v. Preferred Land
When plaintiffs Jere Costello, John Costello, and Mike Costello learned that they would not be receiving an inheritance they had expected from their deceased father, they filed suit against their stepmother Mary Costello, The Preferred Land Company, and James Little, a real estate broker. They asserted that their father and stepmother had agreed that certain property would be left to plaintiffs, and their second amended complaint set forth eight causes of action centering on the alleged violation of this agreement. The trial court sustained defendants demurrer without leave to amend, dismissed the complaint, and entered judgment in favor of defendants.
On appeal, plaintiffs challenge the courts ruling on only three of their causes of action. They contend that their complaint stated actionable claims for (1) breach of contract under a third party beneficiary theory, (2) false promise, and (3) concealment. Alternatively, they argue that the trial court erred in refusing to permit them to amend their complaint a fourth time. None of these claims has merit, and Court therefore affirm the judgment.
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