Laven
Laven v. Cowan
Opinion
Lead Opinion
Warmer, J.
Plaintiff and defendant were acquaintances for a considerable number of years prior to 1926. During the early part of 1926, some conversation took place between them, and as a result the defendant came to San Diego and lived with respondent. Appellant arrived in San Diego and went to the home of respondent May 15, 1926, and agreed to pay respondent $40 per month for room and board. Some time in July, 1926, appellant suffered a paralytic stroke affecting her left side more particularly, and was confined to her bed for some time. About the time appellant suffered the paralytic stroke the respondent told appellant “that she was hard to take care of and should be in a hospital, and she told me not to put her in a hospital, and I told her ‘it is too hard for me to take care of two boys and you too, day and night’, and she said ‘You take care of me and you will be well paid.’ ”
From the statement of facts above set forth it appears affirmatively that the original contract never contemplated nursing service. When the appellant suffered the paralytic stroke it became apparent that she needed and would need nursing services over a considerable period of time; that respondent called such…