Taylor v. Holyfield

Citations

• 104 Kan. 587
• 180 P. 208
• 1919 Kan. LEXIS 315

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Oral Contract to Care for Elderly People During Life — Contract Performed — Enforceable. An oral contract to the effect that a young man should work and care for an older man and his wife during the lives of the latter, and that he should be treated by them as a child and be given a certain share of their property at their death, is held to have been established by sufficient proof and, it being shown that there was performance of the contract by the young man, and that it was neither unreasonable nor inequitable, it is enforceable.</p> <p>2. Same. The fact that the young man had reached piajority when the contract was made did not weaken its binding force.</p> <p>3. Same — Oral Contract — Statute of Frauds• — When Not Applicable. The rule that the statute of frauds will not be enforced against one who has performed a contract of the kind in question and who cannot be restored to his original situation, or adequately compensated in damages, applied.</p> <p>4. Same — Jury Trial — No Abuse of Discretion. The fact that a juyy called to the aid of a court in order to make certain special findings of fact were kept together and required to continue their 'consideration of the facts for parts of four days is not regarded as an abuse of discretion.</p> <p>5. Trial — Evidence. Objections to the admission of certain testimony are not sustained.</p> <p>6. Same. Nor is certain proposed new evidence deemed to be such as would warrant the granting of a new trial.</p>