Dusenka v. Dusenka

Prior to 1937, Frank Dushenka Sr. (Frank Sr.) and Frank Dushenka Jr. (Frank Jr.) (defendant), who were father and son, operated a tavern as partners. In 1937, Frank Sr. transferred his one-half interest in the tavern to Frank Jr. in exchange for the son’s promise to support and maintain the father for the rest of Frank Sr.’s life. Frank Sr. further agreed to continue to help operate the business. Frank Sr.’s wife, Katherine Dushenka (Katherine) (plaintiff) was not aware of the transfer of interest to Frank Jr. and believed that her husband continued to own half the tavern. Frank Sr.’s health gradually declined. Between September 1938 and February 3, 1943, Katherine accompanied Frank Sr. to the tavern practically every day. Katherine prepared Frank Sr.’s meals and performed other light services like cleaning and tending bar. Katherine performed these services without expectation of payment but primarily to help Frank Sr., who was ill. Frank Sr. died in February 1943, at which time Katherine learned about the tavern’s ownership. At Katherine’s request, Frank Jr. paid Katherine for her services thereafter. Katherine sued Frank Jr. to recover money for her services rendered between 1938 and February 3, 1943. After Katherine presented her case-in-chief at trial, Frank Jr. moved for a directed verdict on the ground that there was no contract to pay Katherine. The trial court granted the motion and entered judgment in Frank Jr.’s favor. Katherine appealed.