Clark v. Sanborn
Supreme Court of New Hampshire
Assumpsit, for labor and services rendered from April 1,1886, to July 1, 1888. Facts found by a referee. The plaintiff from the time she ivas ten years old, in 1861, lived with her uncle as one of the family, receiving the same treatment as other members of his family, until he died in 1886, leaving by his will $1,000 in trust for her use and benefit during her life.
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Assumpsit, for labor and services rendered from April 1,1886, to July 1, 1888. Facts found by a referee. The plaintiff from the time she ivas ten years old, in 1861, lived with her uncle as one of the family, receiving the same treatment as other members of his family, until he died in 1886, leaving by his will $1,000 in trust for her use and benefit during her life. After that time, she continued to live with the defendants, her uncle’s widow and daughter, in the same manner as one of the family until July 1, 1888. Nothing was said by either party on the subject of payment for her services…
1Opinion of the CourtCarpenter, J.
A promise to pay what it is one’s legal duty to pay is implied by law. Bixby v. Moor, 51 N. H. 402, 403, 404; Sceva v. True, 53 N. H. 627, 631-633; Water Co. v. Metcalf, 63 N. H. 427; Gage v. Gage, 66 N. H. 282, 283. Here the legal duty is wanting. It is not found that the defendants reasonably ought to compensate the plaintiff for her services, if such a finding would be sufficient. To establish a contract not implied by law or created by estoppel, it must be shown that the minds of the parties met upon its terms. Delano v. Goodwin, 48 N. H. 203, 206; Cook v. Bennett, 51 N. H. 85, 86, 93;…
2Cases cited8 opinions
- Gage v. GageSupreme Court of New Hampshire · 1890
- Bickford v. DaneSupreme Court of New Hampshire · 1877
- Page v. SnellSupreme Court of New Hampshire · 1880
- Savings-Bank v. GetchellSupreme Court of New Hampshire · 1879
- North Haverhill Water Co. v. MetcalfSupreme Court of New Hampshire · 1885
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3Cited by2 opinions
- Cox v. CoxSupreme Court of New Hampshire · 1904
- Decatur v. CooperSupreme Court of New Hampshire · 1931