Legal Opinion

Young v. . Herman

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 22 opinions

This was a civil action, tried before Clark, Judge, at the August Term, 1886, of Catawba Superior Court. The plaintiff is the daughter of the intestate of the defendant, and brought this action to recover compensation for services which she alleges she rendered her father in his life-time while she continued to live with him next after she became twenty-one years of age, as his daughter.

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This was a civil action, tried before Clark, Judge, at the August Term, 1886, of Catawba Superior Court. The plaintiff is the daughter of the intestate of the defendant, and brought this action to recover compensation for services which she alleges she rendered her father in his life-time while she continued to live with him next after she became twenty-one years of age, as his daughter. She does not allege an express promise on the part of her father to pay her compensation, nor facts tending to prove such an implied promise, other than that she was of age at the time .she did the service…

1Opinion of the Court

Mkrrimon, J.,

(after stating the facts). Generally, when one person has done labor or rendered valuable services for another at the latter’s request, either express or implied, the law implies a promise on his part to pay the former reasonable compensation therefor. Ordinarily, in the course of the business relations of men, they serve each other for a valuable consideration, and hence, in the absence of an express promise to pay in such case, the person doing the services on the part of him receiving the benefit, there arises a presumption of such a promise.

But such a promise is not implied…

2Cases cited1 opinion

  1. Hauser v. SainSupreme Court of North Carolina · 1876

3Cited by22 opinions

  1. Winkler v. Killian.Supreme Court of North Carolina · 1906
  2. Morrissey v. FaucettWashington Supreme Court · 1902
  3. Twiford v. WaterfieldSupreme Court of North Carolina · 1954
  4. Dunn v. Currie.Supreme Court of North Carolina · 1906
  5. Callahan v. . WoodSupreme Court of North Carolina · 1896

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