Legal Opinion

Baxter v. Troll

Missouri Court of Appeals

Decided January 3, 1911PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) No contract to pay for services will be implied unless the circumstances under, which they were rendered show that such was the intention of the parties at the time. Morris v. Barnes’ Admr., 35 Mo. 412; Bit-trick v. Gilmore, 53 Mo. App. 53; Hayden v. Parson, 70 Mo. App. 493; McQueen v. Wilson, 51 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) No contract to pay for services will be implied unless the circumstances under, which they were rendered show that such was the intention of the parties at the time. Morris v. Barnes’ Admr., 35 Mo. 412; Bit-trick v. Gilmore, 53 Mo. App. 53; Hayden v. Parson, 70 Mo. App. 493; McQueen v. Wilson, 51 Mo. App. 138; Johnson v. Kimball, 172 Mass. 398; Van Slambrock v. Little’s Estate, 127 Mich. 61; Weidman v. Thompson, 65 N. Y. S. 481; Margraff v. McLean, 64 N. Y. S. 1112; Baker v. Dauson, 131 N. C. 227; Normile v. Osborn,…

1Opinion of the CourtCox, J.

Plaintiff presented to the.probate court of the city of St. Louis an account against the estate of Elizabeth O. Dunham, for services performed and supplies furnished to said Dunham from July 10, 1904, to September 28, 1906, “In waiting on her, personal attention given her, supplying her with meals and eatables, cleaning and caring for her room, clothes, and sitting up with her and other personal attentions given her during said time at special instance and request while the said Elizabeth O. Dunham was in the city of Louisiana, Missouri, at the rate of two dollars per day, $1460.” Upon trial…

2Cases cited2 opinions

  1. Hellmuth v. BenoistMissouri Court of Appeals · 1910
  2. Vandiver v. J. K. Robertson & SonMissouri Court of Appeals · 1907

3Cited by2 opinions

  1. Trask v. DavisMissouri Court of Appeals · 1957
  2. Milligan v. G. D. Milligan Grocer Co.Missouri Court of Appeals · 1921

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