Rockwood v. Stubenhoffer

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on defendant’s contract to pay for the rearing of his daughter. Plaintiff prevailed, and defendant appeals.

Defendant’s wife died a few days after the child was born. Plaintiff’s wife is defendant’s sister. The petition pleaded an express oral contract, by the terms of which plaintiff agreed to take the child into his home and care and provide for her, and defendant agreed to pay plaintiff for support and maintenance of the child. Performance by plaintiff and nonperformance by defendant were duly alleged.

The…