Tyler v. Burrington
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. The county court having- allowed a claim of the plaintiff against the estate of D. D. Burrington, deceased, for personal services, an appeal was taken to the circuit court.
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APPEAL from tbe Circuit Court for Jefferson County. The county court having- allowed a claim of the plaintiff against the estate of D. D. Burrington, deceased, for personal services, an appeal was taken to the circuit court. On the trial there, it appeared that in 1860 the plaintiff, then about fourteen years old, being the child of poor parents, went to live in tbe family of Dr. Eurrington, tbe deceased; tbat sbe was not a blood relative of tbe family; tbat sbe remained in tbe family most of tbe time until tbe death of Dr. JBurrington, a period of about ten years; tbat sbe was away some of…
1Opinion of the Court
Ryan, O. J.
“ The intention of the parties to any particular transaction may he gathered from their acts and deeds, in connection with surrounding circumstances, as well as from their words; and the law therefore implies from the silent language of men’s conduct and actions, contracts and promises as forcible and binding as those that are made by express words, or through the medium of written memorials not under seal.” Addison on Cont., 209.
"When, without express contract, an infant is indefinitely taken into a family not akin to it, the surrounding circumstances must give construction to the…
2Cases cited4 opinions
- Hall v. FinchWisconsin Supreme Court · 1871
- Fisher v. FisherWisconsin Supreme Court · 1856
- Mountain v. FisherWisconsin Supreme Court · 1867
- Kaye v. CrawfordWisconsin Supreme Court · 1867
3Cited by35 opinions
- Kernz v. J. L. French Corp.Court of Appeals of Wisconsin · 2003
- Estate of KesslerWisconsin Supreme Court · 1894
- Heffron v. BrownIllinois Supreme Court · 1895
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
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