Branch v. Lambert
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. This is an appeal from a judgment obtained by plaintiff against the defendant as administrator of the estate of Nicholas Lambert, deceased. Plaintiff’s action is based upon two claims presented to the defendant, as such administrator, and rejected by him.
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From Marion: Percy R. Kelly, Judge. Department 2. This is an appeal from a judgment obtained by plaintiff against the defendant as administrator of the estate of Nicholas Lambert, deceased. Plaintiff’s action is based upon two claims presented to the defendant, as such administrator, and rejected by him. One of said claims is for $2,000, alleged to be the reasonable value of labor and services stated in the claim to have been performed by plaintiff for said deceased, at the instance and request of the latter, on and between the fifteenth day of February, 1904, and the first day of October,…
1Opinion of the CourtCourt, J.
1. At the conclusion of the taking of testimony in the case, the defendant moved the court to return a verdict for the defendant, for the reason that plaintiff had failed to introduce any evidence tending to show that a contract existed between plaintiff and Nicholas Lambert, deceased, for the performance or payment of the services set forth in the complaint. Defendant sought by this request to have the court apply to the evidence, the rule that services performed by one member of a family or household for another are presumed to be rendered gratuitously, and that compensation therefor cannot…
2Cases cited47 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Vrooman v. Li Po TaiCalifornia Supreme Court · 1896
- Pollitz v. WickershamCalifornia Supreme Court · 1907
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- Noland v. BullOregon Supreme Court · 1893
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3Cited by34 opinions
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