32 N.W.2d 217 | Iowa | 1948
Claimant was a niece of decedent. Decedent survived his wife nine years. During that period they lived in the same neighborhood and claimant furnished him approximately three meals per week and his laundry. About once per week he came or was brought to her home in an intoxicated condition. When intoxicated he had no control over his natural functions. At such times claimant cared for him and frequently was required to clean his person and garments and her house. The court allowed claimant $1,447.20 for the foregoing items and $30 for rent of ground occupied by decedent's trailer house. Other parts of the claim were disallowed.
[1] Appellant does not complain of the finding of the court that claimant furnished decedent the services and items in question, nor of the amount allowed therefor. Nor does she contend claimant and decedent were members of the same family so as to entitle the estate to the benefit of the presumption which ordinarily arises, that services such as are usually performed by one member of a family for another are gratuitous. See In re Estate of Talty,
However, she asserts the record does not support the judgment. *657
She contends it shows without substantial conflict that the services were rendered and received without the expectation or intent of either party that payment was to be made therefor. With this contention we cannot agree. It overlooks the rule that ordinarily, where one person performs services for another which are known to and accepted by him, the law implies a promise to pay therefor. In re Estate of Talty, supra; In re Scully v. Scully's Executor,
[2-4] Appellant contends other circumstances shown in the record conclusively prove the services were gratuitous. She argues claimant's failure to keep books of account showing the items and charges is inconsistent with the testimony claimant expected payment. Appellant cites Equitable L. Ins. Co. v. Crosley,
MULRONEY, C.J., and BLISS, HALE, GARFIELD, WENNERSTRUM, MANTZ, SMITH, and HAYS, JJ., concur. *658