162 Mich. 154 | Mich. | 1910
The claim in dispute in this case is for services rendered by claimant and his wife for Mrs. Reidy, amounting to $730, $355 of which is for services by plaintiff’s wife before the death of Mr. Reidy, and the balance, $375, for services by claimant and his wife for Mrs. Reidy after Mr. Reidy’s death. The larger part of the charges is for the claimed services of claimant’s wife in the nature of domestic services and nursing; the latter rendered both to Mr. and Mrs. Reidy.
Michael Reidy and his wife, Emma, owned and occupied a two-story brick building in the village of Corunna. The ground floor was used for a drug store and the second story as a residence by them. Mr. Reidy died March 20,
The facts necessary to be stated are: That Mr. and Mrs. Reidy lived at the place mentioned, and for many years an intimate friendship existed between them and plaintiff’s wife. From her earliest childhood she spent much of her time with them. They had no children and the girl was at their home daily, staying frequently all night, and always doing little services about the house and store up to the time of her marriage. This was known to her parents and permitted by them, and no charge was ever made or expected as payment for what she did. The two families lived near each other and there was a path across lots between their homes. No demand was ever made of Mrs. Reidy for the services set forth in the claim in suit, and no charge was ever made by claimant at the time services were rendered.
The argument of contestant and appellant considers the claim under two divisions.
(1) Claims for services rendered before Mr. Reidy’s death.
(2) Claims for services rendered after his death.
He urges that in each case it was necessary to show an express contract. A motion was made by contestant to take both classes of claims from the jury for the reason that no express contracts were shown.
Whatever contracts or agreements were entered into with Mrs. Reidy, relative to the nursing and domestic services charged for, were made with his wife acting for him, and were proved by her testimony alone. Claimant also testified in the case stating that he knew of these
The court not only overruled the objections made and refused later to strike out the wife’s testimony, but directly charged the jury that they must find an express contract from the evidence in the case between Mrs. Reidy and claimant’s wife, relative to charges for nursing Mr. Reidy, to charge her individual estate for such services or claimant could not recover; thereby recognizing the agency of claimant’s wife. The court was in error. The wife was not a competent witness to testify as to these contracts. Gustafson v. Eger, 132 Mich. 390 (93 N. W. 893); Finn v. Sowder’s Estate, 139 Mich. 623 (103 N. W. 177); Locklund v. Burman’s Estate, 146 Mich. 233 (109 N. W. 255), and cases cited.
The court was also in error in allowing claimant to testify relative to his knowledge that his wife performed the services for deceased as set forth in his claim, which must have been equally within the knowledge of the deceased; and also to answer the question, “To whom did you look and rely for pay for those services,” and all other testimony of like character given by him. This rule is so well established by the numerous decisions of this court in construing this statute that citations are unnecessary.
The claim for services rendered during the lifetime of Mr. Reidy was, under the circumstances of this case, not a valid claim against the estate of Mrs. Reidy. There is no evidence in the case to make it such. She was at the time a married woman, and the claimed contract was not relative to her separate estate. It was a debt of the hus
For the errors pointed out, the judgment of the circuit court is reversed, and a new trial ordered.
