Carter v. Carter
Michigan Supreme Court
Error to Branch Circuit. This action was brought by defendant in error to recover of plaintiff in error, her uncle, the value of her services in doing house work in his family under a verbal arrangement whereby he requested her to do the work and promised her he would pay her for it. No time was fixed and no price agreed upon.
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Error to Branch Circuit. This action was brought by defendant in error to recover of plaintiff in error, her uncle, the value of her services in doing house work in his family under a verbal arrangement whereby he requested her to do the work and promised her he would pay her for it. No time was fixed and no price agreed upon. The services continued during a period of about seven years, termiaiating September 14, 1869. The suit was brought July 8, 1875. The statute of limitations was pleaded in defense, among other things. The evidence of neighbors who had employed girls to ■do like work, as…
1Opinion of the Court
Graves, J:
We think the verbal agreement of 1862 was for a single.*209though indefinite period of service, and not for a yearly hiring or for two or more terms.
The bargain and service were alike continuous.
As the understanding went on from day to day, so did performance by defendant in error on the strength of the request and promise of plaintiff in error. There was no suspension of the request or of the service. There was no break or rest or any understanding that there should be. The mutual assent for the continuance of the service, and the yielding of service under the arrangement, ceased at…
2Cases cited5 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Evans v. PeopleMichigan Supreme Court · 1863
- Sirrine v. BriggsMichigan Supreme Court · 1875
- Morissey v. PeopleMichigan Supreme Court · 1863
- Stone v. CovellMichigan Supreme Court · 1874
3Cited by22 opinions
- Blazer Foods, Inc v. Restaurant Properties, IncMichigan Court of Appeals · 2004
- Ah How v. FurthWashington Supreme Court · 1896
- Morrissey v. FaucettWashington Supreme Court · 1902
- Isaacs v. DeutschSupreme Court of Florida · 1955
- Aber v. BrattonMichigan Supreme Court · 1886
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