Inderkum

Plaintiff brought this action seeking the return of the consideration paid by her for admission to the German Old People’s Home less the reasonable value of her maintenance during the time that she remained in said home. Prom a judgment in favor of plaintiff, defendant appeals.

Defendant is a nonprofit corporation engaged in maintaining a home for aged persons of German descent. In January, 1935, plaintiff entered into a written contract with defendant and, pursuant to the terms thereof, plaintiff paid to defendant the sum of $3,500. Defendant agreed thereby to admit plaintiff to the home and to maintain her during the term of her life. The contract provided, ‘ ‘ Said maintenance shall include comfortable lodging, good board, medical treatment and nursing in case of illness, except that if said Resident shall require any extraordinary or special medical, nursing or other care, the expense thereof shall be paid by Resident.” The defendant also agreed to defray funeral expenses in an amount not exceeding $150 in the event that plaintiff’s estate should be insufficient to defray such expenses. Plaintiff was admitted to the home and remained there until August 30, 1935, at which time…