Anderson v. Koen

Citations

• 82 Wash. 310
• 144 P. 35
• 1914 Wash. LEXIS 1501

Syllabus

<p>Dead Bodies — Contracts—Burial Expenses — Presumptions. The presumption that an ordinary direction to an undertaker to take charge of a dead body was made on behalf of the estate, and does not create a primary liability upon the party giving the order to pay burial expenses, does not apply where there was no appreciable estate, in which case, resort may be had to the party giving the order in the first instance.</p> <p>Same — Contracts—Transportation — Liability — Presumptions. The presumption that an ordinary direction to an undertaker to take charge of a dead body was made on behalf of the estate, does not apply where a party gave directions to bring out and transport a dead body “regardless of expense” and deliver it to an undertaker; since the contract was one for transportation standing on the same plane as similar contracts by transportation companies.</p> <p>Same — Contracts—Mutual Assent — Transmitted by Third Person. Where defendant requested one K. to give a telephone message directing the bringing out and transportation of a dead body, and was informed of, and approved, the form of the message, defendant is liable for the reasonable cost of the undertaking.</p>