Carpenter v. Carpenter
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Timothy Carpenter against George Y. Carpenter to recover damages for breach of a verbal contract under which, in return for his services, defendant was to furnish plaintiff a home for the remainder of his life. On the trial a jury rendered a verdict for plaintiff for $750, and from the judgment entered thereon defendant appeals. Reversed.
1Per curiam
We think the rule of damages adopted below wrong. Plaintiff, having lived with and been maintained by defendant for about nine years under a verbal contract by which the latter, in consideration of the services to be performed by the former, was to board and maintain him during the remainder of his life, on a subsequent breach of the contract was suffered to recover the value of his services over the value of the maintenance furnished for the whole period he had lived with defendant. During said period the work done by plaintiff was paid for as provided in the contract by his board and…
2Cases cited3 opinions
- Schell v. . PlumbNew York Court of Appeals · 1874
- Shaffer v. LeeNew York Supreme Court · 1850
- Whittaker v. Delaware & H. Canal Co.New York Supreme Court · 1888
3Cited by2 opinions
- Gardner v. FrederickWashington Supreme Court · 1917
- Lowe v. SlocumCourt of Appeals of Georgia · 1920