Marmer v. Kaufman

922 N.E.2d 862 (2009)

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Nature of the Case

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Facts

P worked as a pharmacist from 1976 to 2000 in the family-owned business. The stock was equally owned by P and his father. As the father aged and things transitioned over to technology, P assumed more responsibilities for the operation. In recognition of this additional work, the father provided P with certificates of deposit issued by a local bank. They were issued in the father’s name, as trustee for P. The certificates rolled over instead of being cashed out. In 2002, the father executed a durable power of attorney to June, P’s sister. June’s goal was to get the father qualified for Medicaid. June cashed in the certificates and refused to give the monies to P. P sued and the claim was dismissed. The court of appeals affirmed. June died in 2006 and was survived by 3 children. The parties attempted to settle the matters between them. A proposed agreement included terms to pay P what was due ($136,000), give Paul ½ of June’s assets and pay for the father’s nursing home care until he qualified for Medicaid. The agreement was never signed. P then filed the present action to enforce the oral agreements he claimed he entered into with Kaufman (D), (Richard, one of June’s three children). D seeks summary judgment in that even if everything P said was true, it was an unenforceable contract as there was no consideration.