Miller v. Estate of Bell

According to the findings of the county judge, no contract which was capable of specific enforcement existed between the parties. He did, however, reach the conclusion that the respondents ought to recover upon the principle of quantum meruit. To recover from the estate of their parent for services rendered, the children must prove a promise or agreement by the deceased, because the presumption is that any services so rendered were gratuitous. Taylor v. Thieman, 132 Wis. 38, 111 N. W. 229; Estate of *595Goltz, 205 Wis. 590, 238 N. W. 374. There is no finding by the trial court sustained by any…