Bell v. Oates

Citations

• 97 Miss. 790
• 53 So. 491

Syllabus

<p>1. Executors and Administrators. Claims against estate of decedent. Evidence. Personal services.</p> <p>Claims for personal services rendered a decedent in his life time should not be allowed unless the evidence shows that the services were to be paid for under a contract, expressed or implied; and where the claimant and decedent contracted for services at a fixed compensation, mere declarations of the decedent expressing a willingness to pay for services being rendered are insufficient to show that such services were not contemplated by the contract, or to establish an agreement to pay extra for them.</p> <p>2. Contracts. Consideration. To perform- duty.</p> <p>A promise to pay a person an additional amount for services which he was already under obligation to perform, is without consideration and not enforceable.</p>