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Hamm (D), an attorney, agreed to draft a will for Emmick. Lucas and others (P) were designated as beneficiaries of Emmick's estate, and D agreed to draft that will. In drafting it, D violated the rule against restraints on alienation and the rule against perpetuities. The provisions purporting to bequeath a portion of Emmick's property to P were not valid. P was forced to reach a settlement with Emmick's blood relatives and lost $75,000 of the money P should have received if the will had been drafted properly. P sued D for negligence and a breach of contract. D demurred, and the court sustained the demurrer without leave to amend. P appealed.

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