Smith v. Cameron

Citations

• 92 Kan. 652
• 141 P. 596
• 1914 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Oral Agreement by Sister to Care for Brother — Agreement Fully Performed. An oral agreement of a sister to remove from her parents’ home, and live with her brother as his housekeeper and to care for him, upon his promise that she shall have his property at his death, when faithfully kept by her, affords solid grounds for the exercise of the power of a court of equity by a decree for specific performance.</p> <p>2. Same. After living with her brother in his home for many years, performing the agreement referred to, the sister married, and for eleven years lived apart from her brother, until her husband died, when she returned to her brother’s home and resumed her duties under the agreement, which she continued to perform for a long time and until his death. The brother in the meantime expressed satisfaction with her conduct and held her in affectionate regard. In these circumstances the conclusion of the district court that the agreement was in foree at the time of the brother’s death is upheld.</p>