Hickam v. Hickam
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The trial court erred in refusing to instruct the jury as requested by the plaintiff. Where a person, under a mistake of fact, is induced by the fraud and concealment of another to perform for him valuable services, the law raises an obligation to pay what the services are reasonably worth, although when rendered there was no expectation that they should be paid for.
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Appeal from the Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The trial court erred in refusing to instruct the jury as requested by the plaintiff. Where a person, under a mistake of fact, is induced by the fraud and concealment of another to perform for him valuable services, the law raises an obligation to pay what the services are reasonably worth, although when rendered there was no expectation that they should be paid for. Higgins v. Breen, 9 Mo. 497; Board,man v. Ward, 40 Minn. 399 ; 12 Am. State Rep. 749. “ Where one compels another to render services for him, and such…
1Opinion of the CourtGill, J.
At the December term, 1889, the plaintiff presented to the probate court of Cooper county, for allowance against the estate of Joseph Hickam, deceased, the following account :
“ The Estate of Joseph Hickam, deceased, To Eda Hickam (colored), Dr.:
“ To services rendered by said Eda Hickam for the said Joseph Hickam as house and general servant from the eighteenth day of February, 1865, to the twenty-third day of February, 1889, being twenty-four years and five days, at the rate of $5 per month, amounting in the aggregate to the sum of $1,440.85.”
The case was tried before a jury in the probate…
2Cases cited6 opinions
- Moreland v. AtchisonTexas Supreme Court · 1857
- Higgins v. BreenSupreme Court of Missouri · 1845
- Callahan v. RigginsMissouri Court of Appeals · 1891
- Maltby v. Harwood & WellsNew York Supreme Court · 1852
- Abbott v. TreatSupreme Judicial Court of Maine · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- Crampton v. LoganIndiana Court of Appeals · 1902
- Sanders v. . RaganSupreme Court of North Carolina · 1916
- Clark v. CordryMissouri Court of Appeals · 1897
- Hamby v. CollierSupreme Court of Georgia · 1911
2 more not listed; retrieve them via the Exa API.