73 Iowa 363 | Iowa | 1887
The plaintiff is the daughter of the decedent, and the claim presented for allowance is for boarding and taking care of the decedent for some years prior to her death. The decedent was upwards of 80 years old, and quite infirm. At the time the services were rendered, the decedent was living with, and making her home with, her. The defendant insists that the plaintiff cannot recover, for the reason that the decedent lived with the plaintiff as a member of the family, and no such promise to pay as is required in such case has been established. The plaintiff concedes that no express promise to pay has been shown, but she claims that she has introduced evidence tending to show that the services were not rendered gratuitously, but that she expected to receive compensation, and that the decedent expected to pay for such services.
Counsel for appellant claim that Scully v. Scully's Ex'r
The court declined to give the instructions asked by the appellant; and in relation thereto we deem it sufficient to say that the charge of the court, it seems to us, covers the whole ground, and therefore the court did not err in refusing the instructions asked.
Affirmed.