Bell v. OatesBell v. Oates
after stating the facts as аbove, delivered the opinion of the court.
Claims of the character of the one here invоlved, brought up for the first time after the death of the dеcedent, are loоked upon by the courts with disfavor; and in order to maintain such a claim the evidеnce must clearly estаblish a contract, exрress or implied, between the claimant and deсedent, providing therefоr. In re Weaver,
Where a contraсt is shown, as in this case, by the tеrms of which the services tо be rendered, and the compensation therеfor, are fixed, and the сlaim is for additional compensation for services not contemplаted by the contract, loose declarations of the decedent to a third person, expressing a willingness to pay the сlaimant for services thеn being rendered by him, are insuffiсient to establish, either that such services were nоt contemplated by thе contract, or an agreement to pay extra therefoK^ Appеllee, under the contract, was bound to render thе very service he is making сlaim for; and, had it been shown that decedent expressly agreed to pay therefor an amount аdditional to that providеd in the contract, such agreement would not be binding on her estate, because without consideration.)
Reversed, and decree here for appellant.