Stellmacher v. Bruder

• Decision Date: 12 June 1903
• Docket Number: 13,439 - (134)
• Parties: ELIZABETH STELLMACHER v. CHARLES BRUDER and Others
• Court: Minnesota Supreme Court

95 N.W. 324

89 Minn. 507

ELIZABETH STELLMACHER v. CHARLES BRUDER and Others

Nos. 13,439 - (134)

Supreme Court of Minnesota

June 12, 1903

Action in the district court for Faribault county against defendants, the administrator and heirs of Ferdinand Stellmacher, deceased, to enforce specific performance of an oral contract by deceased to convey, at his death, certain land to plaintiff. From an order, Quinn, J., sustaining separate demurrers to the complaint interposed by defendants plaintiff appealed. Affirmed.

SYLLABUS

Contract to Make Will.

A party may obligate himself to make his will in a particular way, or to give specific property to a particular person.

Remedy for Breach.

The remedy for a breach of such a contract depends upon the facts of each particular case. If it be an oral one, and is reasonably certain as to its subject-matter and its stipulations, equity will decree specific performance, if there has been a part performance of such a character as will take a parol agreement to convey land out of the statute of frauds.

Consideration.

If the consideration be that the promisee shall assume a peculiar and domestic relation to the promisor, and render to him services of such a character that it is practically impossible to estimate their value by any pecuniary standard specific performance will be decreed; otherwise not.

Complaint.

Held, distinguishing Svanburg v. Fosseen, 75 Minn. 350, that the complaint herein does not state a cause of action for the specific performance of such a contract.

C. N. Andrews, for appellant.

Conant & Conant and Putnam & Nicholsen, for respondents.

OPINION

START, C.J.

Appeal from an order of the district court of the county of Faribault sustaining a demurrer to the complaint on the ground that it did not allege facts constituting a cause of action, and for a defect of parties defendant.

The complaint alleges that Ferdinand Stellmacher, deceased, was at the time of his death, and had been for more than thirteen years prior thereto, the owner in fee of a certain tract of land in the county of Faribault; that the defendant Bruder is the administrator of the estate of the deceased, and that the other defendants are his sole heirs-at-law. The complaint also alleges, in effect, these facts: For more than thirteen years prior to his death the deceased was an unmarried man, a cripple, unable to do ordinary work, never in good health not pleasant to have around, required special care on the part of those with whom he lived, and he had no children or home of his own. On July 14, 1889, he requested permission of P. Otillie Stellmacher and Gustav Stellmacher, the father and mother of plaintiff, to make his home with them, and, with their consent, he then became a member of their household, and thereafter continued to reside with them at their house up to the time of his death. After he had so resided nearly three years with them he made to and with P. Otillie Stellmacher, Gustav Stellmacher, and the plaintiff an oral promise, and verbally agreed with them, that for the board and services already rendered and furnished to him, and if P. Otillie Stellmacher would continue to furnish him with board, room, and washing in the household of herself and husband during his life, and if her husband would assent to the arrangement, and if plaintiff would assist in caring for his wants, she should have his land at his death, and that he would leave it to her when he died, and that he would make provision by deed or will, in proper time, to carry out the agreement. P. Otillie Stellmacher and Gustav Stellmacher and the plaintiff all assented to the agreement, and thereafter, in pursuance of the same, the deceased continuously up to the time of his death resided with P. Otillie Stellmacher and Gustav Stellmacher, and during all of the time, in pursuance of and relying on his promise and agreement, P. Otillie Stellmacher furnished him room, board, and washing, and a home in her household, and during all of the time the plaintiff, in pursuance of the agreement, assisted in caring for his wants, and nursed him in sickness, and remained single in order to carry out the agreement; and in all things P. Otillie Stellmacher and Gustav Stellmacher and the plaintiff at all times fully kept and performed the agreement on their part. The services so rendered by them to the deceased are incapable of estimate by any pecuniary standard, and neither party to the contract...