Heery v. Reed

Citations

• 80 Kan. 380
• 102 P. 846
• 1909 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Transactions Had with Deceased Persons — Immaterial Error. The plaintiff was not competent to testify in her action against the executor in regard to her services in nursing and caring for deceased and of other transactions had' personally with deceased, but as the same facts were shown, by other testimony and there was in fact no contradictory orconflictin'g testimony on the subjects the error in the admission-of the testimony is not material.</p> <p>2. Contracts — Statute of Frauds — Statute of Limitations — Renunciation — Election of Remedies — Fraud. Under an oral agreement a girl was received into the home of decedent to. live with and work for him until the death of himself and wife, in consideration of which she was to receive the property of' decedent at his death. In execution of this agreement she-faithfully served decedent for twenty-two and one-half years. and until her discharge a few years before his death, when he paid her $200 on account and at the same time fraudulently induced her to sign a receipt containing a provision of which she was not aware acknowledging payment in full of all debts and demands, and when he died it was found that no provision had been made by will or otherwise to compensate her for her services under the agreement. Held: (1) The contract, although not in writing, is enforceable. (2) As performance of the contract was to be completed and compensation paid at the death of decedent and his wife the statute of limitations would not ordinarily begin to run against plaintiff’s cause of action for her services until that event transpired. (3) The fact that there was a renunciation of the contract by the decedent before his death did not compel plaintiff to end the contract relation. She was at liberty to keep the contract alive and await the time for final performance specified in the contract. (4) The testimony sufficiently sustains the findings and verdict rendered in her favor.</p>