343 So. 2d 949 | Fla. Dist. Ct. App. | 1977
Esther Wolf, plaintiff in the trial court, seeks reversal of an order dismissing with prejudice her amended complaint to recover money allegedly given to the defendant, her son-in-law, towards the purchase of a condominium.
In the fall of 1974 Esther Wolf and the defendant, Sam Malevani, who at the time
Esther is not seeking to enforce the alleged oral agreement, but merely is asking for restitution, her remedy at law for recovery of her monetary consideration. Therefore, recovery is not barred by the Statute of Frauds. See Neal v. Gregory, 19 Fla. 356 (1882); Avery v. Marine Bank & Trust Company, 216 So.2d 251 (Fla.2d DCA 1965). It appears that the following quote from Cook v. Adams, 89 So.2d 6, 8 (Fla.1956) may be applicable to the instant cause of action:
“[3] This case is typical of many in which those of advanced years pledge their lands and belongings to others to take care of them for the balance of life and when the burden becomes onerous, the pledgee welches on the bargain.”
Reversed.