Gayle v. Greco

Banke, Judge.

The plaintiff-appellant sued to recover reasonable compensation under an agreement whereby she was to provide nursing care for one since deceased. The executors of the estate defended. Plaintiff appeals a directed verdict in favor of the estate, an action which followed the trial court’s determination that an express agreement was not proved. Held:

"The rule is that the pleader may declare an express, non-special contract, and recover upon proof of an implied promise. But he cannot declare upon a special contract, and recover upon proof of an implied promise, nor vice versa."…