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Burns v. McCormick

New York State Court of Appeals

135 N.E. 273 (N.Y. 1922)

Relevant factsFree

An elderly man living alone told the plaintiffs that if they sold their own house and business, moved in with him, and cared for him until his death, his house would become theirs when he died. The plaintiffs did everything he asked, but the promise was never put in writing or otherwise recorded. After his death, the plaintiffs sued for a declaration that they owned the house, and the defendants raised the Statute of Frauds as a defense.

IssueFree

Whether a verbal contract promising to convey an elderly man's house to his caretakers upon his death is valid and enforceable.

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