Legal Opinion

Wyman v. Passmore

Supreme Court of Iowa

Decided March 15, 1910PublishedCited by 4 opinions

Appeal from Polk District Court. — Eon. Jesse, A. Miller, J udge. Plaintiff glleges in her petition, which is in four counts, that at defendant’s request she cared for and kept the mother of plaintiff and defendant for the period of about five years, and she seeks to recover on that account either on the basis of a contract price of $7 per month or on the basis of a quantum meruit at the rate of $15 per month, and she asks judgment against defendant either for the whole…

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Appeal from Polk District Court. — Eon. Jesse, A. Miller, J udge. Plaintiff glleges in her petition, which is in four counts, that at defendant’s request she cared for and kept the mother of plaintiff and defendant for the period of about five years, and she seeks to recover on that account either on the basis of a contract price of $7 per month or on the basis of a quantum meruit at the rate of $15 per month, and she asks judgment against defendant either for the whole amount or for defendant’s proportionate share of the whole amount on the basis' of its distribution equally among defendant…

1Opinion of the CourtMcClain, J.

The letters relied upon as obligating defendant to compensate plaintiff for the keeping of their mother' at defendant’s request to the extent of one-sixth of the reasonable value of the services rendered as far as they contain language material to the issue presented on the demurrer to the fourth count are as follows: Defendant wrote “to plaintiff: “Mother wants me to write to you about her affairs. She wants to stay with one of her girls. . Now what can you do ? She seems to want to .stay with you. What do you think it is worth a year to keep, her and what could you pay a year to 'help keep…

2Cases cited4 opinions

  1. Scully v. Scully'sSupreme Court of Iowa · 1870
  2. McClay v. HedgeSupreme Court of Iowa · 1864
  3. Dawson v. DawsonSupreme Court of Iowa · 1861
  4. Rea v. FlathersSupreme Court of Iowa · 1871

3Cited by4 opinions

  1. Earhart v. William Low Co.California Supreme Court · 1979
  2. Shaver v. BriertonAppellate Court of Illinois · 1954
  3. Earhart v. William Low Co.California Supreme Court · 1979
  4. Huey v. Newcomer, Pennsylvania Court of Common Pleas, Fayette County1956

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