Davis v. Jacoby case brief

Davis v. Jacoby; (Sup. Ct. of CA, 1934); Supp 60; Notes 37

• Facts: P niece of Whitehead. Whitehead becomes ill, Mr. W’s business began to go awry. Mr. W sent telegram to P’s asking them to move from Canada to CA to help, in exchange, P would inherit their property. P sent telegram back accepting, before it gets to Whiteheads, Mr. W commits suicide. They move to CA and took care of Mrs. W until her death. Turned out that the will left everything to Mrs. W and then to her nephews, and not P.
• Relief sought: P seeks equitable remedy (suing for specific performance of Mr. W’s promise). nephews claim that Mr. W’s death revoked his offer to them.
• Holding: Court says bilateral offer and performance is not necessary for it to be valid. Damages insufficient, specific performance appropriate.