Barry v. St. Joseph's Hospital & Sanitarium of the Sisters of Mercy

BELCHER, C. The plaintiff, as administratrix of the estate of John M. Little, deceased, brought this action to have a deed of three pueblo lots in the city of San Diego, executed by the decedent to the defendant St. Joseph’s Hospital and Sanitarium, on February 5, 1895, canceled and set aside, upon the ground that at the time of its execution the grantor was sick and infirm, and mentally incompetent to attend to any kind of business, and that there was no sufficient consideration for its execution. At the trial certain issues were submitted to a jury, and the court made other findings, and gave judgment in favor of the defendants. From that judgment the plaintiff appealed, and has brought the case here on the judgment-roll.

It appears from the findings that on February 5, 1895, Little was sick and confined to his bed in defendant’s hospital, and was then in a condition of imbecility or great weakness of mind; that the deed was procured by no undue influence; that the consideration for the deed was not grossly inadequate; and that at the time of its execution the value of the property conveyed was $2,000. It further appears that the consideration for the deed was a written agreement entered into by the parties, under and in pursuance of which the defendant corporation executed and delivered to Little its promissory note for $500, and agreed to furnish him a private room in its hospital, and to support and maintain him for and during the term of his natural life, to furnish, provide and prepare for him proper and sufficient food, and to give him proper care, nursing and medical attendance in sickness, and, upon his death, to provide a respectable burial of his remains. The agreement also provided that, in case of the rescission thereof for any good and reasonable cause by either party, $40 per month from its date to the date of [627]the rescission should be a just compensation for the board, lodging and medical attendance furnished during said period. It further appears “that .on the twenty-sixth day of. February, 1895, said Little had so far recovered from his said sickness as to be able to be out of doors and walk about; and that on said twenty-sixth day of February said Little knew he had signed said deed and said contract for a home; and that for several weeks thereafter said Little was able to be out of doors, and to walk about, and to go into the business portion of said city, and able to transact business”; and that .on the twenty-seventh day of May, 1895, he died. It also appears that on June 22, 1895, the defendant corporation sold and conveyed the said lots to the defendant Mary J. Moulton; and, as a defense to the action, it is alleged that she purchased the lots for the consideration of $1,450, without any notice or knowledge of the facts set out in the complaint; and it is admitted by appellant that, under these circumstances, the cancellation of the deed of February 5th had become impossible; but it is claimed that the court below could and should have awarded to the plaintiff the alternative relief of damages, and that the amount of damages should have been the difference between the value of the lots, $2,000, and the amount actually paid therefor by the grantee, namely, $500, evidenced by its promissory note, and $40 per month for the board, lodging and medical attendance furnished the grantor during the three months and twenty-two days that elapsed between the date of the deed' and his death.