Burns v. Burns

Defendant’s first assignment of error relates to the failure of the trial court to grant defendant’s motions for nonsuit.

The rule applicable to the case before us has been well established in this jurisdiction. In Bay v. Robinson, 216 N.C. 430, 5 S.E. 2d 127, in an opinion by Stacy, C.J., it is said: “It is established by a number of decisions, that in the absence of some express or implied gratuity, usually arising out of family relationship or mutual interdependence, services rendered by one person to or for another, which are knowingly and voluntarily received, are presumed to be given and…