Taylor v. Commerce Trust Co.

CAVE, Judge.

The plaintiff filed suit to recover $3,500 for services allegedly rendered by her to Nan L. Durst, deceased. Marie Waters was permitted to intervene as a defendant. The petition 'alleged a cause of action in quantum meruit, and the answers were, in effect, general denials. The cause was tried to a jury, resulting in a verdict for the defendants. Plaintiff’s motion for new trial was sustained on the ground that the court had erred in giving defendants’ Instruction No. 9, and the defendants perfected their appeal.

In general, the evidence discloses that Mrs. Durst was about 80 years…