Dietz v. Dietz

70 N.W.2d 381 (1955)

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Nature of the Case

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Facts

P was 69 years old and is the mother of D. After the death of P’s husband in 1942, D took charge of P’s assets and acted as her financial advisor. In May 1944, D entered into an oral agreement with P to the effect that he would support her for the rest of her life if she would purchase a duplex and have title conveyed to him and P as joint tenants. P purchased the property and caused it to be conveyed under the joint tenancy. P paid $5,200 for the property, and the balance of the purchase price consisted of a mortgage in the amount of $4,800. P and D occupied the property until D’s marriage to Virginia in March 1946. P and Virginia did not get along, and eventually, D told P to leave in 1950. P left the house and went to live with her sister. D made no inquiries after that date as to P’s welfare or support. P sued D for an accounting and to recover the real estate. The trial court found that D breached his oral promise to P. Judgment was given to P for $1,651.48 with interest, and she got title and possession of the property free of any claim or interest of D. D appealed.