Legal Opinion

Staley v. . Lowe

Supreme Court of North Carolina

Decided May 22, 1929PublishedCited by 8 opinions

1Opinion of the CourtBrogden, J.

The plaintiff bases her cause of action upon two theories:

1. That there was an express contract between the plaintiff and the deceased to pay for services rendered.

2. That if there was no express contract, the law implied a promise by the deceased to pay the reasonable worth of the services rendered by the plaintiff and accepted by the deceased.

The only evidence relied upon to establish an express contract was the following statement by a brother of the plaintiff: “Martha Staley said whoever waited on her should have all that she had. I heard her make that statement before and after going to…

2Cases cited4 opinions

  1. Winkler v. Killian.Supreme Court of North Carolina · 1906
  2. Brown v. . WilliamsSupreme Court of North Carolina · 1928
  3. Dorsett v. . DorsettSupreme Court of North Carolina · 1922
  4. Ellis v. . CoxSupreme Court of North Carolina · 1918

3Cited by8 opinions

  1. Coley v. . DalrympleSupreme Court of North Carolina · 1945
  2. Twiford v. WaterfieldSupreme Court of North Carolina · 1954
  3. Nesbitt v. . DonohoSupreme Court of North Carolina · 1929
  4. Farmers Bank of Clayton v. McCullersSupreme Court of North Carolina · 1931
  5. SNOW BY AND THROUGH DOCKERY v. EastCourt of Appeals of North Carolina · 1989

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