Robinson v. Chapman

TYLER, P. J.

Actions to recover the reasonable value of services. The trial court rendered two judgments against defendant, appellant herein, as administrator of the estate of Alice J. Mills, deceased. The actions upon which the judgments were rendered were consolidated and tried together, and by stipulation both appeals are presented on a single record. The complaints alleged the rendition of services to the said deceased covering a period of some nine years. Judgment was in favor of Alice E. Robinson for $3,412 and in favor of Susan E'. Robinson for $3,217. This is an appeal from both judgments. Appellant relies upon two contentions for reversal. He first claims that the causes of action are barred by the statute of limitations and, second, that the services sued for were gratuitously rendered and without expectation of compensation. The facts show that Alice J. Mills died December 1, 1924, leaving estate consisting of real and personal property of the value of $45,000. On March 2, 1925, appellant I. F. Chapman was appointed and qualified as administrator of the estate. On November 16, 1925, each plaintiff filed her respective claim against said estate and each was rejected by said administrator. Suit was thereupon instituted by the claimants. It appeared at the trial that decedent was a first cousin of Susan E. Robinson and a second cousin of Alice E. Robinson. Each of these relatives of the deceased had, from

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July, 1915, until the death of Alice J. Mills on December 1, 1924, performed services for Mrs. Mills at her special request. The services were of a constant and continuous nature. Plaintiff acted as her nurse and companion, dressed and undressed her, waited on her, prepared and served her with meals, administered medicines and performed unpleasant but necessary duties. Alice J. Mills was a very large woman and she had suffered a paralytic stroke about 1916, and was in consequence more or less helpless and hard to manage by reason of her condition. A guardian had been appointed for her and during the last year of her illness such guardian had requested Mrs. Robinson and her daughter to assist in relieving the regular nurse of Mrs. Mills. There was no controversy concerning the nature and character of the services rendered by plaintiffs or of their value or duration. During the long period of the performance of the services deceased had, from time to time, assured the plaintiffs they would be compensated and .rewarded if they would perform the duties she required. There was no direct evidence to show that any definite time was fixed for payment of the services, nor was there any evidence to show the exact amount that was to be paid and appellant claims that the situation is, therefore, controlled by the case of