Miller v. Miller

The opinion of the court was delivered by

Benson, J.:

The plaintiff took charge of the work of cleaning and repairing several houses of the defendant in Armourdale after the flood of June, 1903, and sued to recover the value of his services. The defendant, who is a brother of the plaintiff, contends that the services were to be gratuitous; that, being engaged to do similar work in the vicinity for their mother, the plaintiff undertook this work also, as a mere friendly service. Each party offered evidence tending to support his contention. The jury found for the plaintiff and assessed the…