First National Bank Of Lawrence v. Methodist Home For The Aged

309 P.2d 389 (Kan. 1957)

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Nature of the Case

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Facts

Bertha desired to be admitted to D's home and was then single and more than seventy-one years of age. She was admitted on May 10, 1954. Bertha and D entered into the written agreement prepared by D on one of its standard forms, used for admission of members. The agreement provided for a probation period of two months wherein Bertha could leave and be refunded her $10,779.60 monies less $80 per month. Bertha died on June 10, 1954. Neither she nor D had made an election as to whether she was to leave the home or remain therein after the expiration of the probationary period specified by its terms. P did pay the life membership of $10,799.60 on June 4, 1954. P was appointed as administrator and made a written demand on D for a refund. D refused, and P sued D. The court rendered judgment for P to recover the amount paid by Bertha to D, less $235 for her funeral expenses and less the sum of $80 provided for in the contract in the event she had elected not to remain in the home. D appealed.