District Court of Appeal for the Third District of California
331 P.2d 419 (Cal. App. 2d 1958)
Alice Cardoza’s deceased husband allegedly told Cardoza (defendant) before he died to leave $10,000 to the deceased’s sister, Rose Haase (Haase) (plaintiff), and $3000 to Loretta Haase (Loretta). Cardoza did not tell the Haases about this directive initially, but eventually admitted to Haase that her husband had given the instruction. At that point, Cardoza offered, and Haase accepted, $50 a month. These payments lasted for eight months, at which point Haase asked Cardoza for a note on the remaining balance of the alleged money owed. Haase had not made any changes in reliance on Cardoza’s informing her of Mr. Cardoza’s directive, or of Cardoza’s monthly payment offer. Haase brought suit to recover the balance. Loretta’s claim was assigned to Haase for purposes of the lawsuit. Cardoza filed a motion to dismiss, which the trial court granted. Haase appealed.
Rule of Law
Holding and Reasoning (Warne, J.)
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