Alford v. Davis
Court of Appeals of Georgia
Complaint; from Upson superior court — Judge Searcy. July 14, 1917. The action was by Mayme T. Alford against the executors of Lizzie T. Hannah, deceased.
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Complaint; from Upson superior court — Judge Searcy. July 14, 1917. The action was by Mayme T. Alford against the executors of Lizzie T. Hannah, deceased. The petition alleges, that the defendants, as executors, are indebted to the plaintiff in the sum of $1,800, by reason of the following facts: (Paragraph 3.) On or about October 1, 1906, the plaintiff, at the solicitation of the said Lizzie T. Hannah, moved into her home for the purpose of looking after and caring for her for the remainder of her life. She was old and feeble, practically an invalid, unable to wait on herself, and without…
1Opinion of the CourtBroyles, P. J.
1. Properly construed, the petition in this case set forth a cause of action based .upon a breach of a contract, made by the decedent, to compensate the plaintiff, by a legacy in her will, for services rendered to her in her lifetime by the plaintiff, and not a cause of action based upon a quantum meruit for the value of such services. Under such a construction, the cause of action set forth was not barred by the statute of limitations at the time of the bringing of the suit. The cause of action arose at the death of the decedent. Banks v. Howard, 117 Ga. 94 (2, 3) (43 S. E. 438); Gordon v.…
2Cases cited3 opinions
- Banks v. HowardSupreme Court of Georgia · 1903
- Gordon v. SpellmanSupreme Court of Georgia · 1916
- Moore v. SmithSupreme Court of Georgia · 1904
3Cited by33 opinions
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- Davis v. MacOn Telegraph Publishing Co.Court of Appeals of Georgia · 1956
- Willis v. KempCourt of Appeals of Georgia · 1974
- Veal v. BeallSupreme Court of Georgia · 1939
- Martin v. GurleyCourt of Appeals of Georgia · 1946
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