Tomlinson v. Patrick

Hawes, Justice.

1. The court did not err in overruling appellants’ motion to dismiss the complaint.

2. Contracts of the character with which we are here dealing are generally regarded by the courts as being of two kinds. In one kind the complaining party may be shown to have agreed with the decedent to go into the home of the decedent to nurse and to give "personal, affectionate and considerate attention, such as could not readily be procured elsewhere.” Such services are regarded as being so personal in character that they are of the kind that can normally only be rendered by a close relative…