Gill v. Dingfelder
Gill v. Dingfelder
Opinion of the Court
On June 16, 1920, plaintiff, a widow nearly 80 years of age, understanding but little English, conveyed certain property owned by her in the village of Farmington, in Oakland county, to the defendants, her daughter and son-in-law, for an expressed consideration of “one dollar and other valuable considerations.” It is her claim that the selling price was fixed at $8,000. Notes to her for $3,000 and a certified check for $2,000 were executed. There
It clearly appears from the proofs that the property conveyed was worth at least $8,000. It was the duty of this daughter and son-in-law, when dealing with plaintiff as to her property rights, to see to it, not only that her interests were carefully protected, but also that the agreement made between them and her was put in such a form as to be enforceable by her. Their failure to do so will justify a court of equity in affording such protection and enforcing such agreement. Were it possible to place the parties in statu quo, a decree setting aside the conveyance would doubtless have been granted. But it is impossible to do this as the defendants have expended about $14,000 on the property. We are not inclined to interfere with the conclusion reached by the trial court that the price as agreed upon was $8,000, of which $3,000 represented the support, maintenance and burial assumed by defendants, and that defendants should pay this $3,000 to plaintiff. The terms of payment are not complained of.
. After a careful reading of the record, we are satis
The decree is affirmed, with costs to plaintiff.
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