Murdock v. Murdock
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Sutter. Plaintiff brought this action in the Court below to recover the sum of two thousand eight hundred and fifty dollars, the alleged value of her labor and services from ¡November 1, 1853, to February 1,1856. This was an action brought to recover compensation for certain services, and the only question presented was whether the services were gratuitous or not.
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Appeal from the District Court of the Tenth Judicial District, County of Sutter. Plaintiff brought this action in the Court below to recover the sum of two thousand eight hundred and fifty dollars, the alleged value of her labor and services from ¡November 1, 1853, to February 1,1856. This was an action brought to recover compensation for certain services, and the only question presented was whether the services were gratuitous or not. On the trial, the defendant asked the Court to instruct the jury as follows: “ That if the jury believe the plaintiff entered the family of defendants not as a…
1Opinion of the CourtBurnett, J.
There is, perhaps, no class of cases, assumed to be based upon implied contracts, that has more embarrassed Courts and juries, than cases arising between relations. These cases are always unfortunate, and from the delicacy of the relationship existing among the parties, it is often extremely difficult to arrive at their true intentions. There is so great a variety in the circumstances of different cases, that it is difficult to lay down general rules. Still, I think some rules may be established.
In the case of Andrews v. Foster, 17 Vt. R., 560, it was held that it was incumbent upon the…
2Cited by20 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Hartley v. BohrerIdaho Supreme Court · 1932
- Livingston v. HammondMassachusetts Supreme Judicial Court · 1894
- Ruble v. RichardsonCalifornia Supreme Court · 1922
- Winder v. WinderCalifornia Supreme Court · 1941
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