Nesbitt v. . Donoho

Stacy, 0! J.

Services rendered gratuitously to one in his lifetime may not successfully be used as the basis of an action against his estate, and, in certain family relationships, the law presumes that such services were intended to be gratuitous. Henderson v. McLain, 146 N. C., 329, 59 S. E., 873; Staley v. Lowe, 197 N. C., 243. But this is a presumption which may be overcome or rebutted by proof of an agreement to pay, or of facts and circumstances permitting the inference that payment was intended on the one hand and expected on the other. Dunn v. Currie, 141 N. C., 123, 53 S. E., 533;…