Brand v. Ray
Missouri Court of Appeals
Appeal from Chariton Circuit Court.—Hon. John B. Butler} Judge. (1) There is no evidence tending to establish an express contract, and no proof of facts and circumstances from which an implied contract can reasonably be inferred. The casual declarations alleged to have been made by deceased are wholly insufficient to justify the inference of a contract. The legal presumption are against plaintiff. The defendant’s demurrer should have been sustained. Birch v. Birch, 112 Mo.
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Appeal from Chariton Circuit Court.—Hon. John B. Butler} Judge. (1) There is no evidence tending to establish an express contract, and no proof of facts and circumstances from which an implied contract can reasonably be inferred. The casual declarations alleged to have been made by deceased are wholly insufficient to justify the inference of a contract. The legal presumption are against plaintiff. The defendant’s demurrer should have been sustained. Birch v. Birch, 112 Mo. App. 163; Lawrence v. Bailey, 84 Mo. App. 109; Fitzpatrick v. Dooley, 112 Mo. App. 170; Castle v. Edwards, 63 Mo. App.…
1Opinion of the CourtEllison, J.
Plaintiff presented a claim to the probate court of Chariton county against defendant as administrator of the estate of Irvin Brand, which reads as follows:
“For services rendered by the said Emerson Brand to the said Irvin Brand, in taking care of, waiting on, and attention to the said Irvin Brand during his lifetime, for a period of twenty-three years, nine months and seventeen days, dating from the 24th day of February, 1886, to the date of his death, Nov. 5, 1909,—the sum of Nine Thousand Four Hundred and Ninety-nine Dollars and 71-100 ($9499.71).”
On trial in the probate court an allowance…
2Cases cited12 opinions
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Williams v. HutchinsonNew York Supreme Court · 1849
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Erhart v. DietrichSupreme Court of Missouri · 1893
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3Cited by7 opinions
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Wood v. Estate of LewisMissouri Court of Appeals · 1914
- Baker v. LyellMissouri Court of Appeals · 1922
- Smith v. Estate of DavisMissouri Court of Appeals · 1921
- Taylor v. GeorgeMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.