Hauser v. Sain
Supreme Court of North Carolina
This was a Civil AotioN, brought by the plaintiff to recover the value of certain services, alleged to have been rendered the intestate of the defendants; and was tried before BoheneJc. J, and a jury at Fall Term, 1875, of tlie Superior Court of LINCOLN county. By consent, the following issue was submitted to the jury: Is the plaintiff entitled to recover for services rendered to the deceased. If so how much? The plaintiff testified : That she was now thirty years of age.
Read the full summary
This was a Civil AotioN, brought by the plaintiff to recover the value of certain services, alleged to have been rendered the intestate of the defendants; and was tried before BoheneJc. J, and a jury at Fall Term, 1875, of tlie Superior Court of LINCOLN county. By consent, the following issue was submitted to the jury: Is the plaintiff entitled to recover for services rendered to the deceased. If so how much? The plaintiff testified : That she was now thirty years of age. She was born in 1845. She was a grand daughter of the defendants intestate. Joseph A. Sain testified: The plaintiff went…
1Opinion of the CourtRodmaN, J.
In regard to a special contract his Honor left the question to the jury upon the testimony of the witnesses.
In regard to' an implied contract we see no error in the charge. When one person renders service to another, the law implies a promise to pay what the services are reasonably worth. This is admitted to be the general rule, but it is insisted for the defendant that the relation of grand daughter and grand father, rebutted this implication and imposed on the plaintiff the burden of proving an express contract; otherwise it will be presumed that the services were rendered gratuitously. We…
2Cited by7 opinions
- Miller v. . LashSupreme Court of North Carolina · 1881
- Young v. . HermanSupreme Court of North Carolina · 1887
- Grisham v. LeeSupreme Court of Kansas · 1900
- Twiford v. WaterfieldSupreme Court of North Carolina · 1954
- Wood v. . WoodSupreme Court of North Carolina · 1923
2 more not listed; retrieve them via the Exa API.