98 So. 885 | Ala. | 1924
It has been settled by this court that for articles furnished or services rendered by parent to child or child to parent, or those occupying such a relationship, the presumption arises that the services are gratuitous; but this presumption may be rebutted by proof of an express contract, or a contract implied in fact — that is, established by facts and circumstances which show that at the time the services were rendered both parties contemplated or intended a pecuniary compensation therefor. Lowery v. Pritchett,
The trial court did not err in disallowing the claim in question and the decree of the circuit court is affirmed.
Affirmed.
SAYRE, GARDNER, and MILLER, JJ., concur.