49 Pa. 126 | Pa. | 1865
The opinion of the court was delivered, by
The legal presumption of a promise to pay, when personal services are rendered by one to another, is more easily rebutted when the services are rendered by a relative than when they are performed by a stranger. True, the relationship of father-in-law and-son-in-law is not of itself sufficient to rebut the presumption, but the facts found by the auditor, aided by that relationship, are enough. It is difficult to account for them upon the supposition that the appellant and the decedent contemplated standing in the relation of creditor and debtor, one to the other.
The decree is affirmed.