Crane v. Derrick

ANGELLOTTI, J.

This action' was brought by Anna J. Gilson against the defendant for an accounting as to property owned by her and in his possession and to recover the sum found due on such accounting. An accounting was had, resulting in a judgment in favor of plaintiff for $3195.76. This is an appeal from said judgment. During the pendency of the appeal Mrs. Gilson died and her special administrator has been substituted as plaintiff.

[669]

It is stipulated that the only question to be determined on this appeal is as to the correctness of the action of the trial court in disallowing certain claims made by defendant against Mrs. Gilson, aggregating $986.62, for board, lodging, and care of plaintiff at certain specified times between May 1, 1903, and May 1,1906, at the rate of $40 per month, the same being: 1. From May 1, 1903, to October 3, 1903, $162.66; 2. From January 8, 1904, to May 15, 1904, $169.30; and 3. From December 20, 1904, to May 1, 1906, $654.66.

There is no dispute as to the claim being correct in amount, nor as to the fact that the board, lodging, and care were furnished to Mrs. Gilson. There was no express contract as to such board, lodging, or care,- and Mrs. Gilson could be held liable therefore, if at all, only upon an implied contract. Ordinarily, of course, the law will imply a promise on the part of the recipient of services to pay for them. Plaintiff’s claim is that no such promise is implied in this case in view of the circumstances under which the services were performed.

Mrs. Gilson was the mother of defendant. In May, 1902, she was about seventy years of age. She was then residing in Reno, Nevada, and had been residing there for about twenty years. She owned property aggregating in value about ten thousand dollars, a portion thereof being real property in Reno. Defendant was engaged in the practice of medicine in Oakland, California, where he had a large and lucrative practice. Defendant’s wife was also a licensed physician. They were apparently living in very comfortable circumstances. His mother becoming very ill, and apparently incompetent to care for herself and her property, he went to Reno, and, having been appointed guardian of her person and estate, brought her to his home in Oakland, where she remained until October 3, 1903. She did not remember at all about being taken to Oakland, but found herself there when she “came to, so, as to know” where she was. During this period of her stay at defendant’s house she was very feeble, and defendant and his wife furnished everything necessary for her maintenance, “care, room, board, such medical advice as was necessary, special massage at times by an assistant in the office, and at times with a horse and buggy—anything that we could do to make her comfortable and happy.” In short, she was treated in every respect as an invalid mother