Portland Section Of The Council Of Jewish Women v. Sisters Of Charity Of Providence In Oregon

513 P.2d 1183 (1973)

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Nature of the Case

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Facts

P is a charitable corporation organized by Jewish women. D is a charitable corporation that operates the St. Vincent Hospital and Medical Center and is the successor in interest to the Sisters of Charity of Providence of St. Vincent's Hospital. No signed contract was found by either party. P brought this suit to require D to perform a contract allegedly made in 1927 between P and D's predecessor which required D, in return for the payment of $ 5,000, to furnish ward accommodations and services in perpetuity to one person at a time, such person to be designated by P. Unsigned copies of two contracts were found, one dated February 1927 and the other dated March 16, 1927. The two documents were identical except for some minor matters. D's records disclose an Annual Account of the Financial Archives, under the date of December 31, 1958, which has the following entry: 'Received: $ 5,000 March 16, 1927, and additional $ 500.00 April 13, 1945. Obligation in perpetuity with P for maintenance of free ward bed for Jewish patients.' D's records disclose a journal that lists the names of patients whose charges were written off by P to the 'Jewish Endowed Bed.' There is also correspondence and documentation adduced tending to show that there was an agreement to give care to Jewish patients designated by P. The parties without doubt performed the contract until D claimed that advancements in medicine and their costs along with inflation made it very costly to perform. D repudiated the ccontract. P sued for specific performance. D appealed an award for P.