Henderson v. Fisher
46 Cal. Rptr. 173, 236 Cal. App. 2d 468, 1965 Cal. App. LEXIS 843 (1965)
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Rule of Law:
A contract to convey land in exchange for lifetime personal services may be specifically enforced against the promisor's estate after the promisee has fully performed. Adequacy of consideration for such a contract is determined at the time of its formation, and any initial lack of mutuality of remedy is cured by the promisee's full performance of the services.
Facts:
- Plaintiffs were friends with Marion D. Baker, an 86-year-old blind man, and his wife for approximately seven years.
- After Mr. Baker's wife died, plaintiffs moved into his home to provide him with care.
- On August 11, 1959, plaintiffs and Baker entered into a written contract.
- The contract required plaintiffs to provide all necessary food, laundry, cleaning, and general care for Baker for the remainder of his life.
- In exchange, Baker agreed to execute a deed granting his home and furniture to the plaintiffs, while reserving a life estate for himself.
- Plaintiffs fully performed their obligations under the contract for 18 days.
- Baker died 18 days after the contract was signed, without having executed the promised deed.
Procedural Posture:
- Plaintiffs filed a creditor's claim in the decedent Marion D. Baker's estate, seeking specific performance of the contract.
- The defendant, the administratrix of Baker's estate, rejected the claim.
- Plaintiffs filed a lawsuit against the administratrix in the trial court, seeking specific performance or, alternatively, monetary damages.
- The trial court denied specific performance, finding the contract unenforceable.
- The trial court awarded plaintiffs $381.85 on a quantum meruit basis, representing the value of the services they provided.
- Plaintiffs, as appellants, appealed the trial court's judgment to the intermediate appellate court.
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Issue:
Does a contract to convey real property in exchange for lifetime personal care services become specifically enforceable against the promisor's estate after the promisee has fully performed their obligations, even if the promisor dies unexpectedly soon after the agreement is made?
Opinions:
Majority - Molinari, J.
Yes, a contract to convey real property for lifetime personal services becomes specifically enforceable against the promisor's estate upon the promisee's full performance. The court granted quasi-specific performance by imposing a constructive trust on the property. The court reasoned that several requirements for specific performance were met: (1) The legal remedy was inadequate because the contract involved the transfer of land, which is considered unique. (2) The consideration was adequate because it must be evaluated at the time of the contract's formation, not in hindsight based on the promisor's early death. At the time of contracting, the potential duration of services was unknown, and the agreement was fair to Baker, who was in great need of care. (3) The initial lack of mutuality of remedy, which existed because plaintiffs' personal services could not be compelled, was cured by their full performance of the obligation (caring for Baker until his death). The court should assess mutuality at the time of enforcement, not at the contract's inception. (4) The contract's terms were certain enough for the court to know what to enforce.
Analysis:
This decision solidifies the principle that the fairness and adequacy of consideration in a lifetime services contract are judged at the moment of agreement, not by subsequent, fortuitous events like an early death. It reinforces the doctrine that full performance can cure an initial lack of mutuality of remedy, making specific performance available for contracts that were not mutually enforceable at their inception. The case serves as a key precedent for enforcing promises to convey property in exchange for care, providing security to promisees who undertake obligations of uncertain duration and preventing estates from being unjustly enriched by a promisor's unexpectedly short lifespan.
