FIRST NATIONAL BANK OF LAWRENCE V. METHODIST HOME FOR THE AGED 309 P.2d 389 (Kan. 1957) CASE BRIEF

FIRST NATIONAL BANK OF LAWRENCE V. METHODIST HOME FOR THE AGED

309 P.2d 389 (Kan. 1957)

NATURE OF THE CASE: Home (D) appealed an order in favor of Bank (P), the administrator of an estate, in the estate's action for a refund of a life membership fee paid by the estate's decedent to the nursing home.

FACTS: Bertha desired to be admitted to D's home and was then single and more than seventy-one years of age. She was admitted on May 10, 1954. Bertha and D entered into the written agreement prepared by D on one of its standard forms, used for admission of members. The agreement provided for a probation period of two months wherein Bertha could leave and be refunded her $10,779.60 monies less $80 per month. Bertha died on June 10, 1954. Neither she nor D had made an election as to whether she was to leave the home or remain therein after the expiration of the probationary period specified by its terms. P did pay the life membership of $10,799.60 on June 4, 1954. P was appointed as administrator and made a written demand on D for a refund. D refused and P sued D. The court rendered judgment for P to recover the amount paid by Bertha to D, less $235 for her funeral expenses and less the sum of $80 provided for in the contract in the event she had elected not to remain in the home. D appealed.

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