Hartley v. Estate of Hartley
Missouri Court of Appeals
Appeal from Audrain Circuit Court. —Hon. James D. Barnett} Judge. (1) The plaintiffs are not entitled to recover for the reason that they failed to establish either an express or an implied contract to be paid for their services, and defendants are entitled to a reversal. 40 Cyc. 2809; Lawson on Contracts (2 Ed.) secs. 39, 43; 1 Beach on the Modern Law of Contracts, secs. 653-655; Smith v. Myers, 19 Mo. 433; Woods v. Land, 30 Mo.
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Appeal from Audrain Circuit Court. —Hon. James D. Barnett} Judge. (1) The plaintiffs are not entitled to recover for the reason that they failed to establish either an express or an implied contract to be paid for their services, and defendants are entitled to a reversal. 40 Cyc. 2809; Lawson on Contracts (2 Ed.) secs. 39, 43; 1 Beach on the Modern Law of Contracts, secs. 653-655; Smith v. Myers, 19 Mo. 433; Woods v. Land, 30 Mo. App. 176; Cowell v. Roberts, 79 Mo. 218; Tnmility v. Tumility, 13 Mo. App. 444; Koch v. Hebei, 32 Mo. App. 103; Callahan v. Riggins, 43 Mo. App. 130; Brock v. Cox,…
1Opinion of the CourtNortoni, J.
—This is a suit against decedent’s estate for the reasonable value of services rendered through caring for him during the last years of his life. Plaintiffs recovered and defendant prosecutes the appeal.
Plaintiffs, maiden ladies, each aged over forty, are the daughters of William Hartley, who died in March, 1910 at the age of eighty-three years. It appears that the two plaintiffs resided together with their father and mother on his farm of eighty acres, as members of the same family, until the mother died in March, 1904. At that time William Hartley, plaintiffs’ father, was seventy-seven…
2Cases cited7 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Reando v. MisplaySupreme Court of Missouri · 1886
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thurston v. HobbyDistrict Court, W.D. Missouri · 1955
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Bennett v. AdamsMissouri Court of Appeals · 1962
- Kingston v. RobertsMissouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.