Cole v. Fitzgerald
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Hon. R. Steel Ryors, Judge. In order to entitle plaintiff to have her case go to the jury it was not necessary for her to prove an express promise made by her father to her to pay for her services. The evidence was such that therefrom the jury would have been justified in finding an implied contract to pay therefor. The circuit court therefore erred in taking the case from, the jury, and its judgment should be reversed.
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Appeal from Franklin Circuit Court. — Hon. R. Steel Ryors, Judge. In order to entitle plaintiff to have her case go to the jury it was not necessary for her to prove an express promise made by her father to her to pay for her services. The evidence was such that therefrom the jury would have been justified in finding an implied contract to pay therefor. The circuit court therefore erred in taking the case from, the jury, and its judgment should be reversed. Bonsieck v. Boonschmidt’s Admr., 63 Mo. App. 421; Hart v. Hart’s Admr., 41 Mo. 441; Guenther v. Birkicht, 22 Mo. 430; Morris v. Barnes,…
1Opinion of the CourtGoode, J.
Appellant is the daughter and respondent the executor of the last will of Squire Fitzgerald, who died February 9, 1904, at Gerald, in Franklin county, where he had resided many years. Appellant presented to the probate court of said county for allowance a demand against her father’s estate for services rendered during thirty-five months as his house*19keeper. Said services consisted of general domestic work and are alleged to have been performed at the special instance, and request of deceased. The demand states the reasonable value of the services rendered during the first twelve months at ten…
2Cases cited20 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Sprague v. SeaSupreme Court of Missouri · 1899
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Allmon v. AllmonMissouri Court of Appeals · 1958
- Kingston v. RobertsMissouri Court of Appeals · 1913
- Hartley v. Estate of HartleyMissouri Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.