Sloan v. Dale
Court of Appeals of Kansas
Quantum Meruit: SERVICES: IMPLIED PROMISE: UNCLE AND NIECE: CONSTRUCTION. Where a niece, on the death of her husband, resides with her uncle as a member of his family till his death,, the law presumes her services to be gratuitous and she must show an agreement expressed or implied to pay her for her services; and on the evidence in this cause it was error to refuse an instruction to the above effect.
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Quantum Meruit: SERVICES: IMPLIED PROMISE: UNCLE AND NIECE: CONSTRUCTION. Where a niece, on the death of her husband, resides with her uncle as a member of his family till his death,, the law presumes her services to be gratuitous and she must show an agreement expressed or implied to pay her for her services; and on the evidence in this cause it was error to refuse an instruction to the above effect. Sprague v. Sea, 152 Mo. 327. Appeal from Vernon Circuit Court. — Hon. H. C. Timmonds, Judge. (1) Instruction number five offered by appellant, should have been given. Where services are rendered…
1Opinion of the CourtEllison, J.
This is an action for five years’ work and labor performed for deceased at $300 per year. The judgment in the trial court was for plaintiff for $1,284.37.
The evidence tended to show that plaintiff was a niece of deceased, a bachelor, and that about seventeen years prior to his death her husband died leaving her without sufficient means of support and that deceased had his brother go to see her and invite her to make her home with deceased, which she did until the day of his death. There was evidence, however, tending to show that deceased himself went for plaintiff and in asking her to go to…
2Cases cited6 opinions
- Sprague v. SeaSupreme Court of Missouri · 1899
- Woods v. LandMissouri Court of Appeals · 1888
- Penter v. RobertsMissouri Court of Appeals · 1892
- Brock v. CoxMissouri Court of Appeals · 1889
- Lawrence v. BaileyMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bolling v. Bolling's Admr.Court of Appeals of Kentucky · 1912
- Taber v. McGregorCourt of Appeals of Kentucky · 1921
- Brand v. RayMissouri Court of Appeals · 1911
- Smith v. Estate of DavisMissouri Court of Appeals · 1921
- Taylor v. GeorgeMissouri Court of Appeals · 1913