Opinion
Gen. No. 41,123. (Abstract of Decision.)
Opinion filed July 1, 1941
CONTRACTS, § 417 — support of parent, evidence as to breach. Where plaintiff conveyed property to defendant, his son, upon the latter's agreement to care for him during his lifetime and to pay for his funeral, such contract was not breached when defendant caused his father to be arrested after he had become drunk and started an altercation in the home, calling the son's wife names and biting his son, nor by plaintiff's voluntary departure after living at the house a few weeks after his release, but the circumstances did not release defendant from his duty to provide for his father and to see that he was treated with consideration in his home.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ROBERT J. DUNNE, presiding.
Decree reversed and cause remanded with directions. Heard in second division, first district, this court at February term, 1940.
Joseph Lustfield, for appellants;
Ode L. Rankin, of counsel;
Charles E. Loy, for appellee.
"Not to be published in full." Opinion filed July 1, 1941.