Fraudulent Misrepresentation. Peggy Williams helped eightyseven- year-old Melvin Kaufman care for his wife and Williamss great aunt,
Question:
Fraudulent Misrepresentation. Peggy Williams helped eightyseven-
year-old Melvin Kaufman care for his wife and Williams’s great aunt, Elsie, for several years before Elsie’s death.
Melvin then asked Williams to “take care of him the rest of his life.” He conveyed his house to her for “Ten and No/100 Dollars ($10.00), and other good and valuable consideration,”
according to the deed, and executed a power of attorney in her favor. When he returned from a trip to visit his brother, however, Williams had locked him out of the house. He fi led a suit in a Texas state court, alleging fraud. He claimed that he had deeded the house to her in exchange for her promise of care, but that she had not taken care of him and had not paid him the ten dollars. Williams admitted that she had not paid the ten dollars, but argued that she had made no such promise, that Melvin had given her the house when he had been unable to sell it, and that his trip had been intended as a move. Do these facts show fraud? Why or why not? [Williams v. Kaufman, 275 S.W.3d 637 (Tex.App.—Beaumont 2009)]
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