Butler v. Kent
Supreme Court of Alabama
Assumpsit. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Assumpsit by Daniel Butler on a quantum meruit for services rendered to the intestate of A. J. Kent. There was judgment for defendant and plaintiff appeals.
Read the full summary
Assumpsit. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Assumpsit by Daniel Butler on a quantum meruit for services rendered to the intestate of A. J. Kent. There was judgment for defendant and plaintiff appeals. Although a contract may be void under the statute of frauds because not reduced to writing, yet a recovery at law may be bad for services performed under it. — Sims v. McEnnis, Admr., 27 Ala. 184; Allen v. Booker, 2 Stewart 21; Flinn v. Barber, 64 Ala. 193; Schooner v. Vachone, 121 Ind. 3; Ellis v. Gary, 74 Wis. 176. ' General assumpsit is the proper form of…
1Opinion of the CourtDenson, J.
This is a suit, prosecuted by the plaintiff against the administrator of his deceased father’s estate, to recover on a quantum meruit claim for services rendered in supporting and taking care of his father and mother in their latter years until they died. Ordinarily, when a son living with his father renders services to him, the presumption arises that the services- are gratuitous; but this presumption may be rebutted by proof of an express contract, or a contract implied in fact — that is, established by facts and circumstances which show that, at the time the services were rendered, both…
2Cases cited11 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Ellis v. CaryWisconsin Supreme Court · 1889
- Quackenbush v. EhleNew York Supreme Court · 1849
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lowery v. PritchettSupreme Court of Alabama · 1920
- Coleman v. AdkinsSupreme Court of Alabama · 1936
- McElhaney v. SingletonSupreme Court of Alabama · 1960
- Little v. MontgomerySupreme Court of Alabama · 1938
- Moore v. WhitmireSupreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.