Kingston v. Roberts
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. B. H, Dyer, Judge. The law implies no promise to pay for services rendered one member of a family by another, and services rendered merely on behalf of a mother by her daughter or the latter’s husband, in the absence of a prior promise of payment, will not constitute a valuable consideration, etc. Snyder v. Free, 114 Mo. 360; Bonsiek v. Boverschmidt, 63 Mo.
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Appeal from Pike Circuit Court. — Hon. B. H, Dyer, Judge. The law implies no promise to pay for services rendered one member of a family by another, and services rendered merely on behalf of a mother by her daughter or the latter’s husband, in the absence of a prior promise of payment, will not constitute a valuable consideration, etc. Snyder v. Free, 114 Mo. 360; Bonsiek v. Boverschmidt, 63 Mo. App. 421. When courts say an express contract must be shown in cases like this, they mean the law will not imply a contract if the family relation existed and do not mean that the express contract…
1Opinion of the CourtAllen, J.
This action was begun in the probate court of Pike county by plaintiff, respondent here, exhibiting the following demand against the estate of *73Fred Roberts, deceased, to-wit: “To boarding, nursing, darning, mending, washing, ironing and taking care of Fred Roberts, deceased, for five years prior to his death, to-wit, March 29, 1910, at $4.50 per week, $1060. To last three weeks’ illness at $10 per week, $30. Total, $1090.” Upon appeal from the probate court, the cause was tried de novo in the circuit court of Pike county, before the court and a jury, resulting in a verdict for plaintiff for…
2Cases cited16 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Sprague v. SeaSupreme Court of Missouri · 1899
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
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3Cited by14 opinions
- Thurston v. HobbyDistrict Court, W.D. Missouri · 1955
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Wood v. Estate of LewisMissouri Court of Appeals · 1914
- Brown v. HolmanSupreme Court of Missouri · 1922
- Boyher v. Estate of GearhartMissouri Court of Appeals · 1963
9 more not listed; retrieve them via the Exa API.