Burns v. Mccormick

135 N.E. 273 (1922)

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Nature of the Case

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Facts

Pursuant to an oral promise made by Halsey, the Burns (P) gave up their home and business to move in with Halsey and take care of him. In return, Halsey promised P that, upon his death, the house and everything in it would belong to P. There was no deed or other writing to memorialize the agreement. While Halsey was still alive, he continued to pay taxes on the property, and to pay for its upkeep. P sold out an interest in a little draying business. P took care of him until he died, about five months after their coming. After Halsey's death, P sued for specific performance. The statute of frauds was raised as a defense. The court held for P and D appealed.