Wisnom
Wisnom v. McCarthy
Opinion
Lead Opinion
Langdon, J.
This is an appeal from an order sustaining the demurrer of the defendant Mrs. C. F. McCarthy to the third, fourth, fifth, and sixth causes of action set up in the second amended complaint, and from an order granting her motion for a nonsuit, and from an order of dismissal as to the defendant C. F. McCarthy, her husband.
The action was one to recover for domestic services rendered in the household of the defendants. The first count alleges that the defendants were, at all times mentioned therein, husband and wife; that the plaintiff performed work and labor for them in their household at the special instance and request of said defendants, and each of them, from March 1, 1910, to November 30, 1915, at an agreed rate of thirty-five dollars per month; that the services were necessaries' of life to persons in the situation of the defendants; that, thereafter, on January 26, 1916, plaintiff and defendants, desiring to state an account of their "aforesaid transactions, agreed that the defendants were indebted to the plaintiff in the sum of $1,135, and that an account showing such indebtednesso was signed and delivered by defendant Mrs. McCarthy as her own act and as agent for her…