Legal Opinion

Bergerson v. Mattern

North Dakota Supreme Court

Decided December 31, 1918PublishedCited by 10 opinions

Action for services. From judgment entered and order denying judgment non obstante, District Court of Renville County, K. E. Leighton, J., defendant appeals. There can be no recovery for services rendered a parent in the ab* sence of an expressed promise or contract. 18 Cyc. 412; 11 R. C. L. § 233, p. 208; 153 Mich. 206, 126 Am. St. Rep. 479; Zimmerman v. Zimmerman, 129 Pa. 229, 15 Am. St. Rep. 720; Taylor v. Thieman, 132 Wis. 38, 122 Am.

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Action for services. From judgment entered and order denying judgment non obstante, District Court of Renville County, K. E. Leighton, J., defendant appeals. There can be no recovery for services rendered a parent in the ab* sence of an expressed promise or contract. 18 Cyc. 412; 11 R. C. L. § 233, p. 208; 153 Mich. 206, 126 Am. St. Rep. 479; Zimmerman v. Zimmerman, 129 Pa. 229, 15 Am. St. Rep. 720; Taylor v. Thieman, 132 Wis. 38, 122 Am. St. Rep. 943; Williams v. Williams, 114 Wis. 79, 89 N. W. 835; Hodge v. Hodge, 11 L.R.A.(N.S.) 873, 91 Pac. 764; Allen v. Allen, 60 Mich. 635, 27 N. W. 702;…

1Opinion of the CourtBronson, J.

This is an action to recover for services rendered by tb.e daughter to her mother during her last illness. In the trial court a verdict was returned by the jury for $1,750, and from the judgment .entered thereupon and from the order of the trial court denying a .motion for judgment non obstante, the defendant has appealed.

In substance, the record discloses the following facts: The plaintiff, a married woman, at her home for a period of two years and four months furnished her mother, who at the time of her death was aged eighty years, with exceptional nursing and care. The mother was…

2Cases cited1 opinion

  1. Marietta v. MariettaSupreme Court of Iowa · 1894

3Cited by10 opinions

  1. Matter of Estate of RakettiNorth Dakota Supreme Court · 1983
  2. Schultz v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 1985
  3. Matter of Estate of LutzNorth Dakota Supreme Court · 1997
  4. Krapp v. KrappNorth Dakota Supreme Court · 1921
  5. Brady v. Estate of BradyNorth Dakota Supreme Court · 1923

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