Dallman

Dallman v. Frank

Good Law
1 Cal. App. 541·1905 Cal. App. LEXIS 189·82 P. 564
Court of Appeal of CaliforniaSeptember 7, 1905No. 41.California1,610 words

Opinion

lead Opinion

Harrison, J.

The plaintiff brought this action to recover $915 from the defendants as executors of the last will and testament of Lissette Chesney, deceased, as the reasonable value of services alleged to have been rendered to the decedent in her lifetime at her special instance and request. The defendants in their answer do not deny that services were rendered by the plaintiff to the decedent, but they allege that whatever services were so rendered were mere friendly and neighborly offices performed by the plaintiff of her own accord, and were rendered voluntarily and gratuitously, and for which no promise of payment was ever made by the decedent either expressly or by implication, Upon the trial of the cause the court found that the services were not rendered at the instance and request of the deceased, but were performed by the plaintiff voluntarily and gratuitously of her own motion, and were acts of friendship having no pecuniary value. Judgment was thereupon rendered in favor of the defendants, from which and from an order deny- mg her motion for a new trial the plaintiff has appealed, and "urges in support of the appeal that the above findings of the court' were not sustained by the…

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