Graham v. Estate of Rapp
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Ron. J. L. Fort, Judge. (1) It is conceded that if plaintiff has shown an agreement to pay $500 for services performed and to be performed, she may recover under proper pleadings. But we contend that plaintiff must show an agreement ^express or implied to pay for such services. Swan v. Dale, 90 Mo.
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Appeal from Dunklin Circuit Court. — Ron. J. L. Fort, Judge. (1) It is conceded that if plaintiff has shown an agreement to pay $500 for services performed and to be performed, she may recover under proper pleadings. But we contend that plaintiff must show an agreement ^express or implied to pay for such services. Swan v. Dale, 90 Mo. App. 87. (2) "Where a claim of this kind is not asserted until after the alleged debtor’s death, and particularly where it covers a long period of time, the staleness of the claim is calculated to awaken suspicion of its validity, and nothing short of…
1Opinion of the CourtGoode, J.
This proceeding was instituted in the probate court of Dunklin county by respondent presenting a demand for five hundred dollars against the estate of Rachael Rapp, alleged to be due respondent on an understanding between her and Rachael Rapp, that she should be paid that sum when said Rachael died, for services rendered by the respondent in superintending and managing a hotel conducted by the deceased in the town of Malden. Respondent was in the employ of Mrs. Rapp as a domestic for eighteen years; during most of the time in the hotel. Her principal duties were those *592of a dining-room girl;…
2Cases cited2 opinions
- Sprague v. SeaSupreme Court of Missouri · 1899
- Shannon v. CarterMissouri Court of Appeals · 1903