Morris v. Moran

GRIFFIN, P. J. Plaintiff-appellant, aged 65, brought this action against defendant-respondent, aged 77, alleging that they entered into an oral agreement of partnership in June 1942 for the purpose of owning and operating a dairy business on a 10-acre farm with about 20 or more head of cattle (about eight of which were milk cows); that plaintiff agreed to contribute her labor and services and assume one-half of the indebtedness of defendant and that defendant agreed to contribute his interest in all real and personal property he then owned, and each would share therein on a 50-50 basis; and that each did carry on said partnership business until September 17,1957. Certain described real and personal property is listed as assets of the partnership and it is alleged that the partnership was dissolved on September 17, 1957.

As a separate cause of action, plaintiff alleged she was employed by defendant as a farm laborer from June 1942 to September 17, 1957, and that defendant agreed to pay her the reasonable value of her services and promised to leave plaintiff all of his property by will as compensation for her services and that no such payment was ever made; that the reasonable value of such services was $15,000.

Plaintiff seeks one-half of the undivided interest in the real and personal property of defendant and seeks an accounting, or, in the alternative, the sum of $15,000.

Defendant denied generally these allegations. By stipulation, the second cause of action was dismissed. An amendment to the answer to the first cause of action alleged that from

“some time in the month of June, 1942, until September 17, [465195]7, plaintiff resided in the defendant’s residence, on real property then owned hy the defendant, and during said period she rendered services consisting of the performance of household duties and work in and about his farm, and that as compensation therefor she received her living expenses of every description, and that during a portion of such time a minor daughter ... 11 years of age . . . and a minor son ... 13 years of age ... of the plaintiff were wholly supported hy the defendant, the support of her daughter ending upon the daughter’s marriage; that no partnership agreement was ever made between the parties; that the only arrangement or understanding between them was that in addition to her said compensation he would execute a will leaving to her, if she survived him, all of his estate, and if she did not survive him, then his estate would go to her daughter, Bonnie . . .; that the consideration for said will was that the plaintiff would continue to reside in the defendant’s residence and would continue to render her services in and about the performance of household duties, and work in and about his farm; that he executed such a will in the month of April, 1946, in accordance with their said understanding and agreement with each other, but that, contrary to said understanding and agreement, and without any reasonable excuse therefor, the plaintiff on or about September 17, 1957, left the common abode of the plaintiff and defendant, and ever since has failed to render her services as aforesaid, and that the consideration for his execution of said will was thereby destroyed; that when the plaintiff moved into defendant’s residence in the month of June, 1942, with her said two minor children, she was the wife of one Melvin L. Morris, from whom she was then separated, and from whom . . . she obtained an interlocutory decree of divorce on or about August 12, 1952, and a final decree of divorce on or about November 24, 1954; that said arrangement or agreement between the parties was never reduced to writing hut was entirely oral.”