Legal Opinion

Lewellyn v. Lewellyn

Missouri Court of Appeals

Decided January 24, 1899Published

Appeal from the Clark Circuit Court. — ITon. Edwin R. McKee, Judge. Where services are rendered the law implies a promise to pay for them, unless it be agreed or inferred from the circumstances that the services were to be rendered without compensation. There is no such agreement or inference in this case and plaintiff’s instructions numbers 1 and 2 should have been given.

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Appeal from the Clark Circuit Court. — ITon. Edwin R. McKee, Judge. Where services are rendered the law implies a promise to pay for them, unless it be agreed or inferred from the circumstances that the services were to be rendered without compensation. There is no such agreement or inference in this case and plaintiff’s instructions numbers 1 and 2 should have been given. Dougherty v. Whitehead, 31 Mo. 255. No express contract being shown, plaintiff was entitled to receive what his services were reasonably worth. Crole v. Thomas, 19 Mo. 70. The court properly refused plaintiff’s instructions…

1Opinion of the CourtBond, J.

The plaintiff is a physician. He exhibited the following account in the probate court against the estate of his deceased father, to wit:

“Charles T. Lewellyn, executor of the estate of Jacob-W. Lewellyn, dee’d, in account with George E. Lewellyn,

M. D., 1893.

“Dr.

May 11 Eor board, washing and nursing of deceased to May 18....................... $5.00

“ “ Eor medical attention and medicine to May 18........................... 7.50'
“ 18 Eor board, washing and nursing to May 25. 5.00'
“ “ Eor medical attention and medicine to May 25 .......................... 7.50
“ 25 Eor board, washing and nursing…

2Cases cited3 opinions

  1. Kostuba v. MillerSupreme Court of Missouri · 1897
  2. Ronsiek v. Boverschmidt's AdministratorMissouri Court of Appeals · 1895
  3. Finnell v. GoochMissouri Court of Appeals · 1894

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