Scott v. White

³⁹¹ Marbury, C. J., delivered the opinion of the Court. The appellees, son-in-law and daughter of the appellants, owned a leasehold property, 523 Sanford Place, in Baltimore City. It is alleged in the bill of complaint that on May 1, 1941, they agreed with the appellants, complainants below, that if the appellants would move in the premises, bringing their household furniture and equipment and residing there for the remainder of their lives, and if Josephine Scott, one of the appellants, would do all the work, washing, ironing, cooking, marketing and other duties for the entire household, so that both of the appellees could be profitably employed, the appellees would give the appellants a home in the premises for the remainder of the joint lives of the appellants or the lifetime of the survivor. The appellants were to contribute in addition to the services above mentioned, one-half of the cost of the food, heat, gas, light, telephone, repairs and improvements, and $5.00 a week as a contribution to the payment of the indebtedness existing against the property.

It is also alleged that the appellees agreed to put the appellants’ name on the deed, evidencing the agreement. The bill of complaint further alleges that the appellants, in compliance with the above agreement, moved from their apartment into the premises, with the household furniture and equipment, which furnished the entire house, with the exception of three pieces of furniture in the living room and four pieces in the bedroom, and that they have lived there ever since. That Josephine Scott has performed all the household duties required of her by her undertaking, and that the complainants have further contributed the one-half of the costs they were required to contribute, and that in addition they have improved and repaired the property to the extent of $825. These improvements are itemized in the bill.

It is also stated that Josephine Scott was employed for three hours a day at $10 a week when she moved in, but she gave up that employment and devoted her entire time to the ³⁹² household. And that the appellants contributed $5 a week towards the indebtedness for 234 weeks, making a total of $1170, but that this payment stopped at the end of 1945 when the appellees waived it. The appellants also state they have requested that their names be placed on the deed, but this has been refused, that the appellees moved out of the premises on February 20, 1947, and advised the appellants that they were going to sell the property as they could get $8000 for it, and that the appellees have refused to assign appellants an interest in the property, have refused to compensate them for the improvements, and have refused to repay them the sum of $1170 contributed towards the indebtedness. The appellants allege they are without adequate remedy at law.

They ask for an injunction to prevent the conveyance of the property or its encumbrance, that the property be impressed with a lien for their benefit for the improvements and repairs and money paid out on account of the indebtedness, taxes, etc. and impressed with a trust to the extent of their interest therein. To this bill the appellees demurred on the ground that the agreement lacks mutuality and is therefore unenforceable, that the improvements were ordinary maintenance items, most of which did not accrue within three years before the filing of the bill. The chancellor sustained the demurrer without leave to amend on the ground that the contract calls for the