Latowitz v. Tomaszewski

During the depression of the 1930’s the plaintiff Max Latowitz owned a mortgaged house in Detroit. By 1934 he had fallen 2 years behind in his mortgage payments and he sought out and prevailed upon the defendant and her husband to buy the property so that he would not lose it by foreclosure. At the time plaintiff was about 55 years old and in good health and lived in an unfinished, unheated attic room, renting the remainder of the house to others.

Plaintiff executed a warranty deed in the usual form to the defendants, Edward (deceased at time of this action) and Bernice Tomaszewski, who were…