141 A. 146 | Pa. | 1928
Argued January 9, 1928. Plaintiff is the mother of defendant, with whom she entered into an agreement dated April 4, 1919, whereby, in consideration of $5, she gave to defendant an option to purchase a house owned by her situated in Lansdowne, Delaware County, for the sum of $8,500 in cash, the right being given defendant to exercise such option "at any time he may elect so to do," the option to survive to defendant "for a period of one year immediately succeeding the decease of the plaintiff." This written option was accompanied by an oral agreement whereby defendant was to sell his own home at Highland Park, Delaware County, and move to Lansdowne and occupy the house in question, provide a home for plaintiff during the balance of her life, pay her $5 a week, keep the property in repair, pay all liens, taxes and mortgage interest, and make necessary improvements. Pursuant to the agreement, defendant moved to Lansdowne and he and his mother lived together on the premises under option for about five years, during which time defendant made the weekly payments to plaintiff, provided a home, repaired the property, paid taxes, interest, etc., expending altogether over $5,000. No serious dispute or quarrel appears to have arisen between the parties until 1924, at which time plaintiff requested defendant to release his option on the property and thereby enable her to offer it for sale, the market price having advanced in the meantime. Defendant refused, and this led to unpleasantness *346 and quarrels, which finally resulted in plaintiff leaving home. She then filed the present bill to have the option declared void and a fraud on her, claiming defendant intentionally made it so unpleasant for her that she was obliged to remove from the premises; that defendant failed to keep the property in repair and pay all liens and taxes, and that he committed fraud on plaintiff in inducing her to sign the agreement. The court below found defendant had substantially performed his part of the contract, that the discord between the parties was due to the refusal of defendant to release the option and thus enable plaintiff to sell the property, and that plaintiff had made no offer to return the consideration she received from defendant in carrying out his part of the contract, and entered a decree dismissing the bill. From this decree plaintiff appealed.
The judge who heard the testimony died before filing his findings of fact and conclusions of law, and the case was subsequently disposed of by his successor in office. The latter did not, consequently have the benefit of hearing the witnesses testify, and was obliged to rely entirely upon the printed record, and, hence, had no advantage over this court in passing on the credibility of witnesses; his findings accordingly are not entitled to the usual weight to be given findings of the court below in equity cases: Gilbraith's Estate,
Appellant claims a confidential relation between plaintiff and defendant sufficient to shift to defendant the burden of showing he took no unfair advantage of claimant, and, in support of this view, cites Stepp v. Frampton,
The testimony is conflicting and the record indicates the existence of unfriendly feelings between various members of the family. On the whole, however, the evidence fully supports the findings of the court below to the effect that defendant carried out his part of the agreement in good faith up until the time plaintiff voluntarily left her home. Furthermore, the consideration which defendant agreed to pay is a substantial one and seems fair and equitable in view of the condition and market value of the property. In Kleckner v. Kleckner,
The decree of the court below is affirmed at plaintiff's costs.