Hernan

On the twenty-seventh day of June, 1907, the defendant corporation entered into a written agreement with one Patrick Hayes, plaintiff’s testator, whereby, in consideration of the sum of one thousand nine hundred dollars paid to it by Patrick Hayes, the defendant obligated itself to provide him with board, lodging, and medical attendance during the remainder of his life. The agreement also provided that if either of the parties thereto became dissatisfied one with the other, it was optional with either to terminate it, and, in the event of such termination, the money paid was to be returned to Patrick Hayes, less thirty dollars per month for the time he had remained with the defendant. After being in the home for a little more than a month, Hayes became dissatisfied with the life there, and requested Ms attorney to procure a return to him of his money. The attorney, thinking that his client’s dissatisfaction was but temporary, deferred taking any action in the matter, but on September 3, 1907, finding him insistent, he prepared a notice stating that Hayes elected to terminate the contract and to have refunded to Mm the amount thereupon due. This notice was not served upon the…