Kitchens v. Pool
Supreme Court of Georgia
Complaint. Before Judge Walker. Warren superior court. October 11, 1915. W. E. Kitchens brought suit against Mrs. Fannie Pool, executrix of the estate of Mrs. M. 0. Pate, upon a quantum meruit for board and for care and attention rendered to the deceased.
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Complaint. Before Judge Walker. Warren superior court. October 11, 1915. W. E. Kitchens brought suit against Mrs. Fannie Pool, executrix of the estate of Mrs. M. 0. Pate, upon a quantum meruit for board and for care and attention rendered to the deceased. The defendant admitted that Mrs. Pate, the deceased, lived at the home of the plaintiff, but denied that she boarded with him, or that she was indebted to him in any amount whatever. . The evidence showed that the deceased was an aunt by marriage of the wife of the plaintiff. There was also evidence that the deceased had rented a room at the…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The case as presented by the record discloses two theories only, one presented by the plaintiff, and one by the defendant. The theory of the plaintiff’s case was a suit upon a quantum meruit alone, in which *230there was no reference to an express contract. The theory presented by the defendant was that there was an express contract between the plaintiff and the deceased for the rent of a room, and that it was understood between the parties that such services and attention as the deceased received from the plaintiff and his family were given upon the distinct…
2Cases cited9 opinions
- Lee v. StateCourt of Appeals of Georgia · 1910
- Hudson v. HudsonSupreme Court of Georgia · 1892
- Central Railroad & Banking Co. v. RobertsSupreme Court of Georgia · 1893
- Blount v. BeallSupreme Court of Georgia · 1894
- Jackson v. BuiceSupreme Court of Georgia · 1909
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3Cited by17 opinions
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- Neal v. StapletonSupreme Court of Georgia · 1948
- Suber v. BlackSupreme Court of Georgia · 1929
- Taylor v. Citizens & Southern BankSupreme Court of Georgia · 1970
- Nalley Land & Investment Co. v. Merchants & Planters BankSupreme Court of Georgia · 1938
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