Schuster v. White's Administrator
Court of Appeals of Kentucky
Case 35 — ACTION ON IMPLIED CONTRACT — APPEAL FROM KENTON CIRCUIT COURT. 1. Under section 2178 Kentucky Statutes, as construed in the case of Thomas v. Arthur, 7 Bush, 245, an express contract must be alleged and proven, but a recovery for nursing, care, atten- ' tion, etc.,’ could be had «upon an implied contract.
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Case 35 — ACTION ON IMPLIED CONTRACT — APPEAL FROM KENTON CIRCUIT COURT. 1. Under section 2178 Kentucky Statutes, as construed in the case of Thomas v. Arthur, 7 Bush, 245, an express contract must be alleged and proven, but a recovery for nursing, care, atten- ' tion, etc.,’ could be had «upon an implied contract. It devolves upon the party who pleads in bar to allege definitely and prove a state of facts constituting the bar and if the cause of action for nursing, care and attention arose out of the same contract as that 'for hoard, the defendant must have alleged and proved it. 2. The…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of ti-ie court.
¡This is the second appeal in this case, and the opinion delivered on the former appeal is found in 19 Ky. Law Rep., 1861, [44 S. W., 959]. The issues were not dearly shown by the pleadings which had been filed before the former appeal, as they are now shown by the subsequent pleadings and the testimony offered on the trial. The judgment which was pleaded in bar was *318on a claim, for boarding the intestate from January 18, 1892, until her death. The claim for board was presented as a set-off in an action by the appellee on a note which the…
2Cases cited1 opinion
- Thomas v. ArthurCourt of Appeals of Kentucky · 1870
3Cited by4 opinions
- Combs v. StacyCourt of Appeals of Kentucky · 1912
- Jackson v. Pepper Gasoline Co.Court of Appeals of Kentucky (pre-1976) · 1940
- Thornbury v. Virginia Iron, Coal & Coke Co.Court of Appeals of Kentucky (pre-1976) · 1925
- Dodd v. Pittsburg, C., C., & St. L. Ry.Court of Appeals of Kentucky · 1908