Reavis v. Reavis
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — lion. Louis Hoffman, Judge. (1) The court erred in giving a peremptory instruction in this case, directing a verdict for defendant and in refusing to give the instructions one and two asked by the plaintiff. It was for the jury to say whether the plaintiff had rendered extra and additional services in nursing her mother which were not included in nor contemplated by the provisions of the contract, which had been made for ,$150 per year.
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Appeal from Pettis Circuit Court. — lion. Louis Hoffman, Judge. (1) The court erred in giving a peremptory instruction in this case, directing a verdict for defendant and in refusing to give the instructions one and two asked by the plaintiff. It was for the jury to say whether the plaintiff had rendered extra and additional services in nursing her mother which were not included in nor contemplated by the provisions of the contract, which had been made for ,$150 per year. Where the contract is made for a specific sum for taking care of a relative, the contract must be taken as fixing the…
1Opinion of the CourtEllison, J.
Plaintiff presented a claim to tbe probate court for services rendered ber mother, Celia Reavis, in caring for and nursing ber during tbe latter years of ber life. Tbe trial court, where tbe case was tairen by appeal, sustained a demurrer to tbe evidence, and plaintiff has brought tbe case here.
Tbe claim is against tbe estate of Daniel Reavis, plaintiff’s deceased father. Daniel made a will wherein *202lie left bis estate to Celia, bis widow, during ber life, and providing tliat if Celia became unable to care for tbe estate then executors were to do so. Sbe was not able to care for tbe estate and…
2Cases cited2 opinions
- Camden v. PlainSupreme Court of Missouri · 1886
- Cooper v. DuncanMissouri Court of Appeals · 1886
3Cited by1 opinion
- Whitecloud Milling & Elevator Co. v. ThomsonSupreme Court of Missouri · 1915