FITZPATRICK V. MICHAEL
177 Md. 248, 9 A.2d 639 (1939)
NATURE OF THE CASE: This was a dispute over a breach of contract for services.
FACTS: Fitzpartrick (P) was a nurse employed by Michael (D) to take care of his ailing
wife. D's wife died in 1937 at which time D asked P to remain and take care of him for the
rest of his life and in return P would be paid $8 per week, room, board, and given a life
estate in his house and use of its furnishing and full title to his cars. D was 76 at the
time of this contract. D, in the summer of 1937, executed a will in which he left P his home
and its furnishings for life, and his automobiles absolutely. Then on or about December
21st, 1938, he executed a second will with her consent, in which he changed the term of her
tenancy from life to fifteen years. Finally, he executed in March, 1939, a third will, in
which, while making changes as to other bequests and devises, he left the provisions
affecting her unchanged. About 18 months after the contract was entered into, D moved from
the house and tried to force P to leave by cutting off all utilities and had her arrested
for trespass. P sued D for specific performance. D demurred and the court dismissed the
action. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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