22 Wis. 93 | Wis. | 1867
It is claimed that the motion for a nonsuit should have been granted, because no contract was shown by which the plaintiff was to be paid for her services. It is said that a person cannot be made a debtor without a contract express or implied, and that no express contract was shown, nor from the facts in the case would the law imply one. It is admitted that there was no express agreement made about the plaintiff’s wages. But although no express promise was shown to pay the plaintiff what her services were reasonably worth, yet it is manifest the law would imply such a promise under certain circumstances. And the point is, .was theré sufficient evidence in the plaintiff’s case to submit the question to the jury, whether the services were réndered in expectation of being paid therefor, or not? And we think there was sufficient evidence upon that point to carry the case to the jury. The court very fairly submitted the issue whether plaintiff rendered the services as a child or member of the defendant’s family, in consideration of being furnished a home, maintenance, education, etc. For the jury
Again, it is insisted that the court erred in excluding the testimony of the defendant’s wife. From the peculiar nature of the case, it is said, the wife was a most important witness for the defendant, and therefore her evidence was admissible. There are cases where the wife is held a competent witness in favor of the husband; but it is very evident this case does not come within any of the exceptions. The wife was offered generally in the cause, and not to prove any understanding or agreement made by her with the plaintiff in respect to wages, while acting as the agent of her husband. She was not, therefore, a competent witness, within the rule of Birdsall v. Dunn, 16 Wis., 235, and Hobby v. The Wisconsin Bank, 17 id., 167. See Meek v. Pierce, 19 id., 300.
It follows from these views that the judgment of the circuit court must be affirmed.
By the Court. — Judgment affirmed.