Cadle v. Black
Wyoming Supreme Court
Error to the District Court, Sheridan County; HoN. Carroll H. Parmelee, Judge. Action by S. P. Cadle against Maggie Black to recover for services. From a judgment for defendant, plaintiff brings error. The facts are stated in the opinion. Instruction No. 3, given over the objection of plaintiff, was erroneous, as the circumstances shown by the evidence implied a promise to pay for the services. In instructing the jury the court should avoid the use of technical terms.
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Error to the District Court, Sheridan County; HoN. Carroll H. Parmelee, Judge. Action by S. P. Cadle against Maggie Black to recover for services. From a judgment for defendant, plaintiff brings error. The facts are stated in the opinion. Instruction No. 3, given over the objection of plaintiff, was erroneous, as the circumstances shown by the evidence implied a promise to pay for the services. In instructing the jury the court should avoid the use of technical terms. Where one performed services for another' at his request, or with his knowledge, the law implied a contract on the part of the…
1Opinion of the Court
Potter, Chief Justice.
This case is here on error for the review of a judgment rendered against the plaintiff in error for costs, upon the verdict of a jury, in an action brought'by him to recover the sum of $200, alleged to be due for services as an attorney at law in probating the will of the deceased husband of the defendant in error, and procuring an order vesting the property of the estate in her as the sole legatee and executrix. The only question in the case upon the evidence was whether the services had been rendered gratuitously or under circumstances from which a promise to pay might…
2Cases cited9 opinions
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Moulin v. ColumbetCalifornia Supreme Court · 1863
- Wood v. Estate of LewisMissouri Court of Appeals · 1914
- Briggs & Cobb v. BarnettSupreme Court of Virginia · 1907
- Kiser v. HolladayOregon Supreme Court · 1896
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