Legal Opinion

Hood v. League

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 18 opinions

Appeal from the Oity Court of Gadsden. Tried before the Hon. John H. Disque. This was an action brought by the appellee against the appellant, as administrator of Louisa Garrett, deceased, to recover for services rendered to the defendant’s intestate ; and -was commenced February 23, 1892. The complaint in this case sought to recover an-amount due from defendant’s intestate “by an account made by said intestate on the first day of October, 1890, or for work and labor done,…

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Appeal from the Oity Court of Gadsden. Tried before the Hon. John H. Disque. This was an action brought by the appellee against the appellant, as administrator of Louisa Garrett, deceased, to recover for services rendered to the defendant’s intestate ; and -was commenced February 23, 1892. The complaint in this case sought to recover an-amount due from defendant’s intestate “by an account made by said intestate on the first day of October, 1890, or for work and labor done, and for services rendered to the said Louisa Garrett, now deceased, during her lifetime by the plaintiff, during divers…

1Opinion of the CourtColeman, J.

-This action was to recover fpr services rendered by Patience League to defendant’s intes-. tate. -Prima, Jade, valuable manual services'rendered, by one .person for another, the benefits of which are' knowingly accepted and enjoyed by the latter, were not-intended or understood to be a donation. Unless there is something in .the relation of the parties, the nature of-.the service rendered, .or other circumstances to rebut, the presumption, the law will presume an obligation to pay- for such services, and if there was no express contract as to value, the law. will'imply that the party…

2Cases cited4 opinions

  1. Strauss v. MeertiefSupreme Court of Alabama · 1879
  2. Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
  3. Ala. Great Southern Railroad v. HillSupreme Court of Alabama · 1884
  4. Wood v. Brewer & BrewerSupreme Court of Alabama · 1880

3Cited by18 opinions

  1. Buckner v. Goodyear Tire and Rubber CompanyDistrict Court, N.D. Alabama · 1972
  2. Norton v. LiddellSupreme Court of Alabama · 1967
  3. Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
  4. Caldwell v. Alabama Dry Dock & Shipbuilding Co.Court of Appeals for the Fifth Circuit · 1947
  5. Humphrey v. BoschungCourt of Civil Appeals of Alabama · 1970

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