This section contains the nature of the case and procedural background.

D, a man 85 years of age, grand-uncle of P, in 1932 induced P to go and live with and care for him during his life, upon an understanding that P, at the death of D, would be well paid for his services. P moved to D's home and lived with him until September 1938, rendering services for the comfort, welfare and best interest of D. P could not complete the asked-for service because D assaulted P with a deadly weapon, running him off of the premises and threatening to do him great bodily harm if he returned. P sued D and the trial court ruled in favor of P holding P stated a cause of action. D appealed.

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