Pursuant
to an oral agreement, the plaintiff executed to the
defendants a deed in fee simple to certain lands in Randolph
County upon certain conditions set out in the deed. The
defendants joined in the execution
of the instrument, constituting it both a
deed and a contract.
The
conditions relate to the support of the grantor, furnishing
him medical attention, the care and operation of a mill and
ice plant situated on the property, payment to
the grantor of a specified portion of the net profits, and
numerous other matters. As directly bearing on this
controversy, the following may be quoted: '1. The
grantees herein, D. D. Hinshaw and Lena Hinshaw, his wife
are to move into the home of the grantor, T. L. Cox, and take
over the running of said home, maintain and provide the said
T. L. Cox with a peaceful, quiet and comfortable home during
the remainder of his natural life, including subsistence
washing, fuel, doctor bills, hospital care, if needed, and
all other things reasonably necessary for his care and
comfort.'
A
clause in the deed provides for arbitration of any
differences which might arise between the parties respecting
the performance of the conditions.
The
parties deposited the deed in escrow with the First National
Bank of Asheboro, to be delivered to the defendants upon the
death of the grantor, provided meantime they had performed
the conditions named in the deed and contract.
The
defendants moved into the home of the grantor some time in
September, 1944, and undertook performance of their duties as
specified in the deed. The parties lived together in the home
until September, 1945, when a disagreement having arisen
between them, the plaintiff suggested to the defendants that
either they or he should leave since conditions brought about
by the defendants were no longer bearable; and contending
that his action was caused by a breach of the conditions in
the deed requiring the defendants to 'maintain and
provide said T. L. Cox with a peaceful, quiet and comfortable
home during the remainder of his natural life,' left the
home and has since resided elsewhere. On October 22
following, he brought this action to cancel the deed because
of the breach of the conditions therein. The case came on for
trial at July Term, 1946, of Randolph Superior Court.
In
view of the conclusion we have reached, it is necessary only
to summarize the plaintiff's evidence relating to the
obligations of the defendants, made a condition precedent to
the deed, to maintain and provide for the plaintiff a
peaceful, quiet and comfortable home during the remainder of
his natural life, without special reference to other
conditions claimed to have been broken.
Pertinent
to this condition, the plaintiff testified on the trial
'The home provided by the defendants formerly was a happy
and peaceful home part of the time, and part of the time it
was not. A lot of stuff went along that I never said anything
about. My table, where I kept my papers--they were tangled
or stacked up or piled up different. Gave me trouble. Lay
them down and go off. These papers were newspapers and
magazines. I told Mrs. Hinshaw I did not like my papers to be
torn up, but my telling her this did not make any effect * *
* I have my junk or scrap pile, good pieces of
anything I want, lumber or blocks that I need around a place
like that, and they used them and burned them; used up my
stuff like that. I found this out several times since the
Hinshaws came there * * * Lena Hinshaw said that stuff was
not any account; it was rotten. I said if it was rotten it
would not do much good cooking. I went in the house and
turned on my radio. In a few minutes her mother came to the
door and said Lena (Mrs. Hinshaw) was crying. I asked her
what she was crying about. She said what I said to her. I
told her that I did not say anything to make anybody cry.
Then they had supper ready. Mrs. Stout said for us to come to
supper. While we were sitting at the table eating Lena did
not come to the table.'
The
plaintiff testified that later Delbert Hinshaw 'rared out
on him and told him he couldn't talk that way to make her
cry. Mr. Hinshaw got to talking and said we would mix. He was
angry to some extent, it seemed like. ' Hinshaw made no
demonstration of any kind. Did not get up.
Pursuing
the conversation, after Mrs. Hinshaw came in, 'She went
to talking about the wood was no account. After
they said I was no gentleman, I didn't
like it, because I hadn't said anything out of the way,
told them what I had said, it was a Fred Stanley proposition;
he was the only person I had about me that burned up my
stuff. We were talking there I expect thirty minutes. I said
that I wasn't going to live in a fuss. I told Mr. and
Mrs. Hinshaw if we couldn't live together in peace for
them to leave; that I wouldn't live in a fuss, under any
condition; if we couldn't live in peace and get along for
them to just get out. After we talked a right smart, I told
Mr. and Mrs. Hinshaw several things that wasn't kept like
it should have been; I told them there was a scent around
there somewhere. They suggested that it was a dead rat in my
room. There was a baby there in the house and this old lady a
grand aunt of Mrs. Hinshaw, Lidy Walker, who was sick. I have
seen them throw clothes from the sick bed and diapers which
the baby had used down the steps into the basement. These
soiled clothes would stay in the basement until they were
washed. They washed twice a week. The basement was directly
under my room. The basement stairs went under the stairs that
went upstairs. The door to the basement went right out of my
door. I told them they were filthy; that I couldn't stand
it, never had lived under such conditions. The throwing of
these clothes into the basement had been going on for a month
or so. The odor from these clothes was not so bad with me; I
haven't got sensitive to smell; but I did smell
this.'
'I
told them they didn't treat their mother, Mrs. Stout,
like they should. I told them that they treated her like she
was a slave. She did all the cooking, washing dishes and such
as that. I told them that I wasn't going
to live in a fuss. After I told them this Lena (Mrs. Hinshaw)
said, 'Oh, just let it all go, let it all be over;'
after they had given me a run. Mrs. Hinshaw was out of fix
when she was talking to me, until the last, when she wanted
it all settled down. She was made, and talked using a high,
angry tone. I left about four o'clock next morning going
to my brother's. I had made arrangements the day before
to start to Florida. I got up early and went to the car
house. Lena wanted me to go to the house and get breakfast. I
told her I would get breakfast when I got to my brother's
at Greensboro.'
Witness
explained that prior to Mrs. Hinshaw's bit of...
