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Contracts Keyed to Scott
Haase v. Cardoza
Facts
Alice Cardoza’s (Defendant) deceased husband allegedly told Defendant before he died to leave $10,000 to his sister, Rose Haase (Plaintiff), and $3000 to Loretta Haase (Loretta). Defendant did not tell the Haases about this directive initially, but eventually admitted to Plaintiff that her husband had given the instruction. At that point, Defendant offered, and Plaintiff accepted, $50 a month. These payments lasted for eight months, at which point Plaintiff asked Defendant for a note on the remaining balance of the alleged money owed. Plaintiff had not made any changes in reliance on Defendant’s informing her of Mr. Defendant’s directive, or of Defendant’s monthly payment offer. Plaintiff sued to recover the balance. Loretta’s claim was assigned to Plaintiff for purposes of the lawsuit. Defendant filed a motion to dismiss, which the trial court granted. Plaintiff appealed.
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