Phinazee v. Bunn
Supreme Court of Georgia
Complaint. Before Judge Clark. City court of Eorsytb. October 28, 1904. This was an action by an adult daughter against the administrator of her father’s estate, to recover for services rendered her father in nursing and caring for him. during his last illness, and in doing other work on his farm and in his house. There was a verdict for the plaintiff, and a new trial was granted.
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Complaint. Before Judge Clark. City court of Eorsytb. October 28, 1904. This was an action by an adult daughter against the administrator of her father’s estate, to recover for services rendered her father in nursing and caring for him. during his last illness, and in doing other work on his farm and in his house. There was a verdict for the plaintiff, and a new trial was granted. The next trial also resulted in a verdict for the plaintiff, and the defendant made a motion for a new trial on the grounds, that the verdict was without evidence to support it, and that the court allowed answers to…
1Opinion of the CourtCobb, J.
1. Children being under a moral duty to nurse and care for their infirm parents, a promise to pay is not implied from the mere fact of service, as in case of strangers. But the performance of such service is a sufficient consideration for an express promise to pay. Hudson v. Hudson, 87 Ga. 678; Butler v. Billups, 101 Ga. 102; Weaver v. Cosby, 109 Ga. 310, 316. While a contract to pay will not be implied from the mere performance of the services, there are cases where the law will imply a contract by a parent to pay a child for services of the character above referred to. In Murrell v.…
2Cases cited10 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1892
- Georgia Railroad & Banking Co. v. ChurchillSupreme Court of Georgia · 1901
- Murrell v. StudstillSupreme Court of Georgia · 1898
- Weaver v. CosbySupreme Court of Georgia · 1899
- Hudson v. HudsonSupreme Court of Georgia · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bleckley v. BleckleySupreme Court of Georgia · 1939
- Howard v. RandolphSupreme Court of Georgia · 1910
- Tippins v. LaneSupreme Court of Georgia · 1937
- Watts v. RichCourt of Appeals of Georgia · 1934
- Brunswick & Birmingham Railroad v. HoodenpyleSupreme Court of Georgia · 1907
14 more not listed; retrieve them via the Exa API.