Baker v. Solari

DRAPER, J.

Appeals from two judgments are here upon a consolidated record. Plaintiffs are sisters. They filed claims against the estate of Aurora Brignardello for the reasonable value of services allegedly rendered to her during the two years before her death. The executor of her will rejected both claims, and plaintiffs brought these actions. After trial to the court sitting without a jury, judgment was rendered in favor of each plaintiff for $2,000. Defendant executor appeals.

Plaintiffs lived next door to decedent. The latter was 84 years old at the time of her death. She had been ill for some time and there is evidence that she was senile and unable fully to care for herself. There is testimony that she spent a major part of each day of her last two years with plaintiffs, and that they provided her meals daily, took her on frequent visits to her doctor, drove her to places she desired to visit, bought minor items for her, and provided labor and materials for repairs to her home. There is evidence that plaintiffs believed her to have no cash and no assets save her somewhat dilapidated home. In this situation, there was no agreement fixing any compensation for plaintiffs. However, decedent repeatedly said to plaintiffs “No good deed ever goes unrewarded, and you will get your reward.” She also said that nobody but the husband of one of the plaintiffs would ever get her house, and that she would see that they had the first opportunity to buy the house at a reasonable price. Her estate amounted to almost $250,000.

The parties agree that, to support the judgment, the record must contain evidence showing that the services were rendered at decedent’s request, with the expectation of plaintiffs, known to decedent, that the services were to be compen

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sated for, and that such expectation existed when the services were rendered. (See 27 Cal.Jur. 202; 58 Am.Jur. 516.) Appellant’s sole contention is that the evidence is insufficient to sustain the judgment. There is little question that the services were rendered. Although appellant suggests that decedent did not request them, there is much evidence that she did ask for the aid of respondents.

Appellant’s principal contention is that there is no evidence to show that respondents’ services were rendered with any expectation of compensation, and none that decedent knew respondents expected any material reward. But “ 1 [t]he intention to pay and the expectation of compensation may be inferred from conduct where equity and justice require compensation, as well as from direct communications. ’ ”