125 Ga. 447 | Ga. | 1906
This is a suit brought by Mrs. Sallie Bunting against Mrs. Hattie Dobson, as administratrix of the estate of J. T. Dob-.son, deceased; and the question presented for determination is whether or not the trial judge erred in sustaining a general de
' There is no attempt on the part of the pleader to declare on a quantum meruit; there'is not the slightest suggestion in the petition as to the value of the services rendered, nor any prayer to recover for such services. If any cause of action at all is alleged, it is one for damages for an alleged breach of an express contract. The contract declared on is stated in the second paragraph of the petition as follows: “Petitioner shows to the court that she is a relative of the deceased, J. T. Dobson; that the mother of the deceased was an invalid on or about the 15th day of August, 1883, and owing to this fact it was impracticable for the said J. T. Dob-son to pursue his daily occupation without some one to look after and care for his said mother; and that on or about the time aforesaid the deceased came to your petitioner, and it was covenanted and agreed upon between them that if your petitioner would leave her home and come and live with the said J. T. Dobson, and look after and care for his invalid mother during the life of either of them, that petitioner would share a child’s interest in whatever was accumulated by the three parties aforesaid.” The only interpretation that can be placed upon this contract is that it was an agreement between two parties that the accumulation of property subsequently
Judgment affirmed.