Godburn v. Meserve

37 A.2d 235 (1944)

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Nature of the Case

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Facts

Godburn (P) lived in Wells' house as a tenant. Wells was infirm, and they entered into an agreement that if they would care for Wells, she would leave them the property on her death. A will was drafted in accordance with the agreement and P occupied the house for over five years when P moved out and did nothing further in performance of the contract. Just before P moved out a modification of the agreement was proposed, but that was declined by Wells. P proposed a modification of the agreement whereby Wells would have two rooms, get her own meals and do her own laundry, and Ps would make an increased cash payment monthly. That was declined. P moved out, and Wells revoked her will. She died a year later, at the age of eighty-three. During the first two years that the parties lived together their relations were generally harmonious and mutually agreeable, but thereafter increasing friction developed. These facts are undisputed. Further evidence showed that Wells was a difficult person to provide for. The jury gave the award to P because of the decedent's breach of the express agreement. D appealed.