Stallings v. Ellis.
Supreme Court of North Carolina
ActioN by E. B. Stallings and wife against O. L. Ellis, beard by Judge Frederick Moore and a jury, at January Term, 1904, of the Superior Court of Eeanklin County. The plaintiff alleged that her father, H. G. Leonard, died in May, 1901, and defendant qualified as his administrator. That during the last four and a half years of his life he was almost helpless on account of age and disease. That during this time he lived with her and that she gave him care and attention.
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ActioN by E. B. Stallings and wife against O. L. Ellis, beard by Judge Frederick Moore and a jury, at January Term, 1904, of the Superior Court of Eeanklin County. The plaintiff alleged that her father, H. G. Leonard, died in May, 1901, and defendant qualified as his administrator. That during the last four and a half years of his life he was almost helpless on account of age and disease. That during this time he lived with her and that she gave him care and attention. She says “She gave to him as untiring devotion and as much watching and attention as if he had been one of her children.” In…
1Opinion of the CourtConnor, J.
The plaintiff declares upon a quantum, meruit for services rendered her father during the last four years of his life. It is elementary learning that right to recover upon this count or cause of action is based upon implied assumpsit, that is, that in the absence of a special contract, the law implies a promise to pay so much for services as they are reasonably worth. When, however, the relation existing between the party rendering and the one receiving the services is that of parent and child, there is a presumption, on account of the relationship, that the services are rendered because of…
2Cases cited6 opinions
- Dodson v. . McAdamsSupreme Court of North Carolina · 1887
- Young v. . HermanSupreme Court of North Carolina · 1887
- Callahan v. . WoodSupreme Court of North Carolina · 1896
- Hudson v. . LutzSupreme Court of North Carolina · 1857
- Hicks v. Barnes.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Winkler v. Killian.Supreme Court of North Carolina · 1906
- Dorsett v. . DorsettSupreme Court of North Carolina · 1922
- Dunn v. Currie.Supreme Court of North Carolina · 1906
- Ray Ex Rel. Ray v. RobinsonSupreme Court of North Carolina · 1939
- Lowrie v. . OxendineSupreme Court of North Carolina · 1910
3 more not listed; retrieve them via the Exa API.