Davis v. Winter

Johnson, J., delivered the opinion of the Court. The appeal in this case challenges the correctness of a decree passed by the Circuit Court for Harford County on October 19th, 1934, dismissing appellant’s bill of complaint, the object of which was to enforce an alleged contract made between her and William G. Reid against the estate of the latter. The contract relied upon by the appellant had its inception in a proposition written her by Reid in his lifetime, which appellant alleged she had accepted and fully observed, reading as follows: “Baltimore, Md. Aug. 10, 1930. “I do agree and promise that if you Carrie Davis will come with me this time to live and be kind to me (as you always have been) and not leave me, I will buy the house at 2347 Eutaw ⁶¹⁵ Place and make a nice home for us. You can place what household things you have in there and I will buy other things to fill in. “Owing to my shortness of cash cannot do much more than this except to maintain the upkeep.

Nevertheless as I promised you before, I will remember you in my will I will then leave you the said house as your own. If we cannot make a go of it by renting some rooms to help along we surely can sell and make some money out of it. And I of course will buy something else may be a shore as you think that will be good. Nevertheless we will try this home first, and anything I buy will be under the same condition. “And if you will do all you can to make me comfortable and keep me well so I will live till the time comes for me to get that big money that is coming to me I will also give you for yourself at once the $5,000. cash as I promised. “Hoping you will accept this offer, I am, “Wm.

G. Reid.” It was further alleged, and is admitted by appellee, that William G. Reid departed this life without having by last will and testament made any provision for appellant, and that he did not at any time give her the $5,000 in cash mentioned in this letter. Testimony was heard by the chancellor in open court, practically all of which was given by witnesses for appellant. A summary of the evidence shows that appellant, who was a nurse, first met Reid in 1925 when he was living on Mosher Street in Baltimore, and some months later he was taken ill and was confined to St. Agnes Hospital for several months, during which period she at times visited bim and assisted in caring for him; that in the spring of 1930 he was living at North Gilmor Street and wanted Mrs. Davis to come there and take care of him, but this she could not do, because of the size of the house in which ⁶¹⁶ he was living. He then offered to buy a house or a shore property in which they could live, and after looking over various properties he, in August of the same year, finally purchased No. 2847 Eutaw Place, and Mrs. Davis went there and lived with him; that he had often represented that he had certain money coming to him out of which he would give her $5,000 in cash, and would also by last will and testament devise unto her the Eutaw Place property; that on or about August 10th, 1930, he presented the appellant the paper above referred to and told her his object in so doing was to “put it in black and white”; that Mrs. Davis had at times nursed Mr. Reid before they moved into the Eutaw Place property and continued to live with him and care for him from the time the property was purchased during the early part of August, 1930, until some time in June, 1931, when he removed therefrom, having in May of the same year disposed of the Eutaw Place property for $5,000; that on January 24th, 1931, while he owned the property, an agreement was prepared and signed by himself and Mrs. Davis, by which he permitted her to share the second floor apartment free of rent, while he himself would pay her one-half of all income derived from the third floor apartment, and a further agreement of May 20th, 1931, was made between them whereby she was permitted to share the first floor apartment of the premises free of rent, Reid to pay expenses incident to its upkeep.

The agreements last referred to were produced by appellee and identified by some of plaintiff’s witnesses during cross-examination, and over objection of plaintiff were admitted in evidence. We find no error in their admission. Counsel for appellee insist their legal effect was to nullify the first agreement between the parties, but with this contention we do not agree. In order so to hold it must appear that these subsequent agreements were made as a substitute for the first contract.

They relate only to the terms of appellant’s occupancy for the time being of certain parts of the Eutaw Place property free from rent, because from time to time Mr. Reid had ⁶¹⁷ tenants for some of the apartments and found it more convenient for him and appellant to occupy