46 Vt. 571 | Vt. | 1874
The opinion of the court was delivered by
The only doubt we have had in regard to the correctness of the judgment of the court below, is occasioned by that clause in the auditor’s report in which he states: “ From the facts and circumstances above stated, I find that it was not the expectation of either party when the plaintiff commenced her services for the intestate, nor at any time previous to his death, that he was to pay her wages for her services, or that she was to account for the money received by or expended for her, or for any articles received by her, or procured on his account.” If the plaintiff could have been a witness in her own behalf, and had admitted that such was her expectation, it would have furnished a complete answer to her claim against the estate. The law, when no express promise is shown to pay for services, never raises or implies a promise to pay for such services, contrary to the expectation of the parties as it existed at the time the services were performed. If this finding by the auditor is to be regarded as an inference drawn wholly from the facts and circumstances before stated by him, without the existence of any other facts or circumstances in the case to influence him in making such finding, we are all agreed that it is not warranted by the facts and circumstances stated by him, and might be disregarded by the county court in rendering its judgment. We are inclined to think it is capable of receiving this construction. The auditor says : “ From the facts and circumstances above stated, I find,” &c., thereby limiting-
Judgment affirmed.