Newbert

In this action the plaintiff sued to recover a judgment against the estate of her deceased sister in the sum of $750 as compensation for personal services alleged to have been rendered by the plaintiff to the deceased during her lifetime. The defendants, the executors of the estate of the deceased sister, had judgment in the court below. In support of plaintiff’s appeal from that judgment it is contended that inasmuch as the rendition of the services in suit was an admitted fact in the case the judgment should have gone for the plaintiff because of the general rule that a person receiving the services of another is presumptively bound to pay the reasonable value of the same. Ordinarily this is the rule. (Moulin v. Columbet, 22 Cal. 509 ; Crane v. Derrick, 157 Cal. 667 [ 109 Pac. 31 ]; Estate of Rohrer, 160 Cal. 574 [Ann. Cas. 1913A, 479, 117 Pac. 672 ].) This presumption, applicable as it may be to transactions between persons unrelated to one another, is not pertinent to nor can it prevail over the facts of the instant ease.

In the instant case the plaintiff and decedent were sisters and all of the services in suit were rendered by the plaintiff while the decedent was visiting…