Succession of Krekeler
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. Where an agent has rendered important services to his principal, although there was no contract for compensation, and the principal has died- intestate and without final settlement with the agent, the latter is entitled to compensation from the succession. Succession of Fowler, 7 An. 207. It is not of the essence of mandate that it be gratuitous.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. Where an agent has rendered important services to his principal, although there was no contract for compensation, and the principal has died- intestate and without final settlement with the agent, the latter is entitled to compensation from the succession. Succession of Fowler, 7 An. 207. It is not of the essence of mandate that it be gratuitous. The right to compensation may be inferred or implied from the nature of the services. R, O. C., Art. 1764, par. 2; Waterman vs. Gibson, 5 An. 672; Elkin vs. Elkin, 11 An. 225;…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
Wm. Krekeler, the husband of Mrs. Lizette Krekeler, died on March 13, 1890, leaving an estate consisting of some *727movables and several houses and lots, valued altogether at $4873.90, belonging jointly to his succession and his widow as partners in community. He left no forced heirs.
Mrs. Krekeler was nearly 70 years old, in infirm health, weighing nearly 350 pounds, unaccustomed and unable to attend to business.
She sent for an acquaintance, Charles Kummel, and asked him to take charge of her interest and attend to her affairs and property,…
2Cited by6 opinions
- Stewart v. Soubral & TuckerSupreme Court of Louisiana · 1907
- Doll v. Albert Weiblen Marble Granite Co.Louisiana Court of Appeal · 1944
- Succession of BurgierresLouisiana Court of Appeal · 1929
- Succession of DunnLouisiana Court of Appeal · 1927
- Succession of PeresLouisiana Court of Appeal · 1937
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