Saunders v. Saunders
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. The case is stated in the opinion. Counsel argued: 1. That there is no evidence in this case to show any express contract to pay for services rendered by plaintiff after majority. 2. That there is not sufficient evidence to overcome the presumption of law that the services were gratuitous or to warrant the implication that plaintiff was to be compensated for his services; nor is there any evidence showing any mutual understanding or…
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On Motion and Exceptions by Defendant. The case is stated in the opinion. Counsel argued: 1. That there is no evidence in this case to show any express contract to pay for services rendered by plaintiff after majority. 2. That there is not sufficient evidence to overcome the presumption of law that the services were gratuitous or to warrant the implication that plaintiff was to be compensated for his services; nor is there any evidence showing any mutual understanding or agreement between himself and his father that he was to be compensated. 3. That the first instruction asked for by…
1Opinion of the CourtWiiitehouse, J.
The plaintiff recovered a verdict of $988.30 for services rendered by him on his father’s farm, after he became of age, and the case conies to this court on exceptions, and a motion for a new trial as against evidence.
At the trial the defendant requested the presiding judge to *288instruct the jury “that the plaintiff cannot recover unless an express promise can be shown on the part of the father to pay the son or to give him certain property therefor which he failed to do.” The presiding justice declined to give this instruction except as shown in the charge, and it appears from the colloquy at…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
- Andrus v. FosterSupreme Court of Vermont · 1845
- Lunay v. VantyneSupreme Court of Vermont · 1868
- Spring v. HulettMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- A.F.A.B., Inc. v. Town of Old Orchard BeachSupreme Judicial Court of Maine · 1994
- Estate of WhiteSupreme Judicial Court of Maine · 1987
- Colvin v. BarrettSupreme Judicial Court of Maine · 1955
- Plowman v. KingSupreme Court of Iowa · 1916
- Elwell v. RoperSupreme Court of New Hampshire · 1903
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