43 Ind. App. 528 | Ind. Ct. App. | 1909
This was an action brought by appellee against appellant by filing a claim against the estate of George Flowers, appellant’s decedent. The claim was in two paragraphs; the first being merely a verified statement of account for $1,800 for work and labor for caring for decedent. The second was more in the nature of a formal complaint, in which it is averred: That decedent entered into a contract with appellee verbally, by which it was agreed between them that if appellee would move with her family into the home of the decedent and take care of him and provide for him until the time of his death, said decedent would give to appellee, for such services and provision, the property which he then had, in addition to any personal property or real estate to the value of at least $1,500; that at the request of said decedent and upon the strength of the promise so made by him, the appellee did, on June 2, 1904, move into the home of said decedent, and from said day until the time of his death she cared for him and provided for him, and did such things as were required to provide him a good home and proper attention during his declining days, which services were of the value of $1,500; that, contrary to his promise, decedent failed to convey said property to the appellee during his lifetime, by deed or by will, and she therefore has received no compensation from the decedent or any one for the same, whereby appellee has been damaged in the sum of $1,500, that being the value of the property which she was to receive under said contract and also the value of said sex-vices, wherefore she prays
It is perfectly clear from the record that the court at
Counsel for appellant, one of whom was the attorney that entered into the aforesaid agreement, admit the facts to be as before stated, axxd said attorney did not to the court below, nor does he hex’e, offer any excuse or defense to this clear attempt to violate a fair agreement that was made ixi good faith and acted xxpon in good faith by said attorney for appellee, but comes before this court and asks it to reverse a cause upon the technical objection that the notary public’s certificate as to the time the depositions were taken, is at vax’iance with the time designated in the notice. It is not claimed by the appellant that his attorneys had no author
On the whole, the instructions were as fair to appellant as he had any right to- ask. They fully covered the law of the case and were correct, as abstract propositions, and there was no error in giving each of them.
Judgment affirmed, with ten per cent penalty.