56 Ga. App. 587 | Ga. Ct. App. | 1937
W. SI. Saylors brought suit against SI. West-brook as administrator of the estate of J. C. Saylors, alleging in the first count of his petition that he had taken J. C. Saylors into his home, and that he and his family (except a son II. S. Saylors, who was sui juris and whose services were not included in plaintiff’s suit) had rendered certain specified services to J. C. Saylors for approximately eight years, for which J. C. Saylors agreed to make a will leaving his property to the plaintiff; that J. C. Saylors did not make the will, thereby breaching his contract and therefore the plaintiff was entitled to recover damages in the amount of the value of the estate. In the second count the plaintiff relied upon the contract implied by law that the intestate pay for the services rendered, and based his claim on a quantum meruit. The defendant denied the material allegations of each count. The jury rendered a verdict in favor of the plaintiff on the second count, for $50 a month for four years, without interest. The defendant made a motion for a new trial, which was overruled, and on this judgment error is assigned.
There was ample evidence to show that the plaintiff, a nephew of J. C. Saylors, took the intestate into his home when the intestate was seventy-five years of age, furnished him lodging and board, had his washing done, and nursed and cared for him for a period of approximately eight years until the death of the in
The plaintiff has a much stronger claim than a child of the deceased would have, because children are under a moral duty to care for infirm parents without compensation. However, even a child may recover when it appears that services were rendered under a contract, and a fortiori a nephew may do so. In Phinazee v. Bunn, 123 Ga. 230 (51 S. E. 300), it was said: “Children being under a moral duty to nurse and care for their infirm parents,
The only special ground of the motion shows that counsel for the defendant asked the witness Henry Saylors why he did not ask the intestate to pay him some on his (Henry’s) driving bill; counsel for the defendant stating that Henry was suing for such services. Counsel for the plaintiff objected to the question, on the ground that counsel for the defendant was endeavoring in this case to try Henry’s case, which was based on an alleged promise of J. C. Saylors to pay him for driving; that the plaintiff in this case was suing for the reasonable value of his services and that of all members of his family except Henry. The court sustained the objection. Counsel for the movant insisted that the court should allow the witness to answer the question, because “it goes to the credit of this witness before this jury.” The record shows that Henry Saylors was sui juris, that his services to the intestate
Judgment affirmed.