Davis v. Jacoby

34 P.2d 1026 (1934)


Davis (P) was the niece of Blanche Whitehead. There was a very close relationship between P and Blanche and her husband, Rupert Whitehead. The financial condition and health of the Whiteheads encountered serious problems, and Rupert asked P to come to California to care for Blanche and help Rupert salvage his business affairs. Rupert committed suicide one week after P agreed to help them with their affairs. Part of that promise was the issue of the wills of the Whiteheads and the potential inheritance that P would gain by assisting them. P did move after the suicide and took care of Blanche until her death about one month later. Upon the death of Blanche, it was discovered that two nephews would get the entire estate. P sued under the theory that Rupert had a created a contractual obligation to a make a will do that P could inherit everything and were therefore entitled to quasi-specific performance. At trial, it was shown that P's husband forfeited a substantial amount of monies in moving to California to take care of the Whiteheads. The court decided that the offer of April 12 was never accepted because that offer could only be accepted by performance and not by a promise to perform. P appealed.