67 Cal. App. 2d 507 | Cal. Ct. App. | 1945
This is an action to recover for services alleged to have been performed for the deceased, a claim therefor having been rejected by the administratrix of his estate.
It appears, without question, that the plaintiff kept house for the deceased from July, 1929, until he died on December 28, 1943. The complaint alleged that on July 1, 1929, these parties entered into an oral agreement whereby the plaintiff
The court found in favor of the plaintiff finding, among other things, that for fourteen years prior to December 28, 1943, the plaintiff at the request of the decedent had rendered him continuous service as a housekeeper; that all of said services were rendered with the understanding and agreement that the deceased would pay their reasonable value in excess of the reasonable value of the board, lodging and incidentals furnished; that the services were not terminated before the death of the deceased; that the reasonable value of these services is $4,720 in excess of the board, lodging and incidentals furnished; that of this amount the deceased had paid to the plaintiff the sum of $1,798.61; and that there is now due and owing to the plaintiff the sum of $2,921.39. A judgment was entered awarding that amount to the plaintiff and denying the defendant any relief on her cross-complaint. From this judgment the defendant has appealed.
It is first contended that the finding that $2,921.39
While the evidence is conflicting, there is ample evidence to justify the- inference that it was the intention and expectation of the parties that the services rendered by the respondent were to be rewarded at their termination. (See Long v. Rumsey, 12 Cal.2d 334 [84 P.2d 146], and the cases there cited.) It follows that the findings- complained of by the appellant are sufficiently .supported by the evidence.
The only other point raised is that the1 appellant was entitled to a judgment for the possession of the house and lot in question, which was owned by the deceased and which is
For the reasons given, the judgment in favor of the respondent for $2,921.39 is affirmed but otherwise the judgment is reversed with directions to enter judgment in favor of the appellant on her cross-complaint awarding her the possession of the property. Each party to pay her own costs.
Marks, J., and Griffin, J., concurred.