58 Ga. App. 434 | Ga. Ct. App. | 1938
Where an adult child renders services in and about the home of his or her parent, these services being in their nature those usually or which might reasonably be expected to be rendered by such member of the family in the circumstances, the common and most reasonable inference, and therefore the only inference acceptable in law, in the absence of an express showing to the contrary, is that the services are rendered and accepted as a gratuity. Out of the family relationship arise certain obligations and duties, based on love and affection, for which, when performed, the law rightly attaches no contractual obligation to pay. So where an adult child renders services to an aged and infirm parent in the nature of care and attention, and such care and attention in the circumstances constitute services and acts which, from the common experience of mankind, should proceed from the relationship existing between the parties, the strong and conclusive inference is that there is no intent to exact compensation on the one hand, or to pay therefor on the other. See Hudson v. Hudson, 90 Ga. 581 (16 S. E. 349); O’Kelly v. Faulkner, 92 Ga. 521 (17 S. E. 847); Grubbs v. Hamby, 34 Ga. App. 774 (131 S. E. 189); Greenwood v. Greenwood, 44 Ga. App. 847 (163 S. E. 317). These examples
The circumstances in which the services had their beginning and in which they were rendered, the position of the parties, may be such as to make the fact of relationship of minor importance and authorize a finding that “a reasonable man in the position of the parties would understand that they are [were] offered in return for a fair compensation,” and therefore authorize a finding by the jury of an implied contract to pay therefor. Murrell v. Studstill, 104 Ga. 604 (30 S. E. 750); Hurst v. Lane, 105 Ga. 506 (31 S. E. 135); Harrison v. Harrison, 129 Ga. 284 (58 S. E. 831); Jackson v. Buice, 132 Ga. 51 (63 S. E. 823); Howard v. Randolph, 134 Ga. 691 (68 S. E. 586, 29 L. R. A. (N. S.) 294, 20 Ann. Cas. 392); Wall v. Wall, 15 Ga. App. 156 (82 S. E. 791); Edwards v. Smith, 42 Ga. App. 730 (157 S. E. 348); Dyer v. Beasley, 31 Ga. App. 276 (120 S. E. 638). We must .not erroneously assume that the case is so simple as to be able to hold that, since
The plaintiff sued for $2920, valuing her services at $2 per day for the four years. The jury returned a verdict in her favor for $1100. Whether the jury considered this as the entire value of her services for the four-year period, or whether they found-her entitled to compensation only while the deceased lived in' her home, or the entire value of her services less the reasonable value of her board, can not be known. It is sufficient to say that we are of tire opinion that the verdict was supported by the evidence. Obviously in a case of this character (where there is no actual manifestation of real intent) the law does not seek to ascertain the actual mental intent of the parties. The impracticability of so attempting to judge the rights and liabilities of the parties-is, to us, manifest. We believe that what the law actually does is to
Judgment affirmed.