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Contracts Keyed to Kunz
First National Bank of Lawrence v. Methodist Home for the Aged
Citation:
309 P.2d 389 (Kan. 1957)Facts
On May 10, 1954, Bertha Ellsworth executed a resident agreement with defendant home. The agreement provided that Ellsworth would pay $10,779.60 to attain life membership of the home and later provided for a two-month probationary period in which the resident could elect not to stay with the home and receive a full refund minus $80 a month for the time the resident lived in the home. Ellsworth lived in the home from May 10, 1954 until she died on June 10, 1954. On June 4, 1954, plaintiff (acting then as Ellsworth’s trustee) paid a sum of $10,779.60 to defendant. Ellsworth died prior to making an election as to whether to stay in the home beyond the probationary period and plaintiff seeks a refund for the full amount minus $80 for Ellsworth’s one-month stay.
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Topic Resources
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Interpretation of the Contract