Bair v. Chambers

Citations

• 70 Pa. Super. 356
• 1918 Pa. Super. LEXIS 250

Syllabus

<p>Contract — Undertaker—Burial expenses — Order by daughter for burial of mother.</p> <p>In an action by an undertaker to recover the expenses of the burial of the defendant’s mother, where the statement avers that the expenses were incurred “at the special instance and request of the defendant,” an affidavit of defense is sufficient which sets up that the defendant did not, “and plaintiff well knew that she did not request him” to incur the expenses on her own behalf; that she did not intend to assume a personal responsibility, but was acting as the agent for the representatives of the estate of the deceased, and this the plaintiff well knew when he received the order from her.</p> <p>In such a case the act of the defendant in performing this necessary duty will be treated as having been made for and in behalf of the estate, although letters had not yet been issued. Letters of administration, when granted relate back so as to cover and validate acts previously performed in relation to the estate which are so imperatively necessary as funeral expenses.</p>