Cordano v. Ferretti

Specific Performance—Parol Contract for Beal and Personal Property—Nursing of Invalid Wife by Daughter—Money Value— Findings—Support of Judgment.—It is held that a parol contract by a husband to convey real and personal property to a married daughter upon the death of her invalid and paralyzed mother, in consideration of her taking her mother into her own home and giving her support, medical attendance, nursing and care until her death, cannot be specifically enforced, where findings, sustained by the evidence, show that the husband thereafter assisted in the care of his wife, and paid for part of the drugs, medical attendance and provisions, that the services of the daughter were the ordinary services of nursing and attendance upon her invalid mother, that in performing the same there was no change of residence, circumstance, i conditions or domestic life of the daughter and her husband, and Í that the services were readily estimated in money value. Such find-1 ings support the judgment for the defendants.

Id.—Full Performance Essential to Belief.—The foundation of the claim by the daughter and her husband, as appellants, necessarily rests upon a full compliance of the daughter with all of the terms of the contract, and a failure in that respect, in any important particular, is sufficient to defeat the action.

Id.—Statute of Frauds—Part Performance Insufficient.—The parol contract being within the statute of frauds, no part performance consisting of payment of the purchase price or the rendition of services is sufficient to relieve the contract from the operation of the statute.

Id.—Impossibility of Pecuniary Estimate of Value Essential.—To make the contract enforceable, the services must be of such a peculiar character that it is impossible to estimate their value by any pecuniary standard, and it must also be evident that the parties did not intend to measure them by any such standard; and that plaintiff cannot be restored to her situation before the rendition of the services.

Id.—Discretion of Chancellor.—The question whether relief should be granted or denied in an action for specific performance, in a particular case, addresses itself peculiarly to the conscience of the chancellor, and many considerations are to be weighed before a plaintiff entitles himself to such relief.

Id.—Absence of Extraordinary Circumstances.—It is held that in this case there is the absence of any extraordinary circumstances that would leave no discretion in the trial court to refuse a specific performance, and that it cannot be said that the services rendered cannot be measured by a pecuniary standard, or that the daughter and her husband cannot be restored to the position in which they were before the services were performed, and that the decision must be upheld upon the merits of the case.