Westervelt

Westervelt v. McCullough

Good Law
1924 Cal. App. LEXIS 195·68 Cal. App. 198·228 P. 734
Court of Appeal of CaliforniaJuly 21, 1924Civ. No. 4403.California5,543 words

Opinion

Lead Opinion

Works, J.

Plaintiff and her husband were the owners of a residence in Los Angeles County which they had possessed for nearly ten years. In it they contracted with defendant to provide a home for the latter and her three female relatives. Under the contract defendant agreed to pay to plaintiff $100 per month for the board and lodging agreed in the contract to he furnished thereunder. At the time of the making of the contract plaintiff was past sixty years of age and her husband was past seventy. At that time the place of residence of plaintiff and her husband was encumbered by a mortgage. The arrangement contemplated by the contract was consummated and the parties for some time dwelt together in peace and amity and with mutual trust and confidence. The mortgage on the property fell due and was foreclosed. Defendant purchased it at the foreclosure sale, and at the time, as found by the trial court, she “stated, promised and represented to plaintiff that plaintiff could and should continue to have her home in said premises as before, so long as she should desire.” Before the expiration of the time for the redemption of the property from the foreclosure sale plaintiff had an opportunity to sell…

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