121 Neb. 62 | Neb. | 1931
This is an action on an implied contract for services rendered by the plaintiff in nursing and caring for defendant’s wife. Plaintiff is the stepdaughter of the defendant. At the close of the plaintiff’s testimony, the trial court directed the' jury to return a verdict for defendant.
The defendant’s wife was ill and, at a time when they thought she would not recover, the relatives sent for the plaintiff to come, because the mother wished to see her daughter. Plaintiff testified: “I went because it was my mother, with no arrangements made for pay.” The mother recovered and testified at the trial: “I did not employ her as a nurse or as a housekeeper, but I told her to come, because I was so I could not wait on myself. I only had one hand and 1 could not hardly use it.”
The evidence in this case clearly discloses that the defendant had no arrangement or agreement to pay the plaintiff and that she was not in his house at his request. He contends that, when a child renders services for the parent, the presumption is that it is gratuitous; and in
We have carefully examined the entire record and there is no evidence to support a verdict for the plaintiff against the defendant upon any theory of the case presented. The judgment of the trial court is accordingly
Affirmed.