Brackenbury v. Hodgkin
Supreme Judicial Court of Maine, 1917.
116
Facts: Hodgkin wrote a letter to
her daughter and son-in-law saying that if they would come and take care of
her, that they would inherit her property.
They came and started performing, but Hodgkin and the Brackenburys started fighting. She wrote a deed to give her property to her
son Walter, who told the Brackenburys they had to get
out. The Brackenburys
sued in equity to force the son to give the property back to his mother and
keep Walter from kicking them out of the property. The trial court found for the plaintiffs. The defendant appeals.
Issue: Was there a valid contract? Did the plaintiffs have an equitable interest
in the property? Did the plaintiffs breach
their duty under the contract?
Rule: To accept an offer of a unilateral
contract, only performance is necessary.
A trust concerning land must be created by a signed writing.
Analysis: The court finds that there
was a valid contract. They found that
Hodgkin made an offer for a unilateral contract which was accepted by the plaintiffs
by coming to take care of her.
The
court finds that this contract created an equitable interest in the land on the
part of the plaintiffs.
The
court finds that the trial judge did not err in finding that the plaintiffs did
not breach the contract and that Hodgkin was primarily responsible for things
going sour.
Conclusion: The appeal is dismissed.