Dillenberger v. Starkweather

The opinion of the court was delivered by

Wedell, J.:

This is an appeal by the administrator of a decedent’s estate from a judgment allowing a claim for the care and nursing of the decedent during his last illness.

The claim included other items which were disallowed. No cross-appeal was taken from the order disallowing a portion of the claim. We, therefore, have before us only the allowed claim.

Appellant’s principal contention is appellee proved no express contract for recovery and the evidence established no implied agreement to pay for the services. Appellee admits there was no express…