Richmire, Admr. v. Deardurff

Remy, J. —

This action is based upon a claim filed by appellee against the estate of which appellant is the legal representative; claim being for nursing and household labor performed for appellant’s decedent. Claimant was.a niece of decedent, but was not a member of his household. There was no express contract that claimant was to be paid for her services.

It is contended by appellant that, in the absence of an express contract to pay for the services, it will be presumed that the services were gratuitously rendered, and that there can be no recovery. The law is otherwise. Where the services…