Painter v. Estate of Grossman

The question presented is whether a daughter who was employed and maintained living quarters in the city of Milwaukee, Wisconsin, can recover for services rendered in caring for her mother and father who lived at Dale, Wisconsin, where there was no express contract to pay for such services.

The presumption is that the services so rendered were gratuitous. Taylor v. Thieman (1907), 132 Wis. 38, 111 N. W. 229; Estate of Goltz (1931), 205 Wis. 590, 238 N. W. 374; Miller v. Estate of Bell (1937), 224 Wis. 593, 273 N. W. 67. It was therefore incumbent upon the claimant to prove an express contract…