Dunlap v. Allen

Citations

• 90 Ill. 108

Syllabus

<p>1. Contract—when not implied, for services. Where one person goes to reside with another as a member of his family, working only when it suits him, and receives all the attentions due to that relation, without charge for his board and lodging and the care taken of him when in ill or feeble health, he can not, on breaking off his relations, be allowed to charge and recover compensation for every little service rendered.</p> <p>2. Where two parties understand they are mutually receiving and rendering favors, with no present design to make them pecuniary charges against each other, the relative value of their acts and services becomes immaterial, and neither can recover of the other for those performed by him.</p> <p>3. Where a person goes to live in the family of another, with the understanding that he is simply to go and come as he pleases and work as he pleases, and be treated and entertained as a member of the family, there is no presumption that he intends to charge for what he does, nor that he is to be charged for what he receives. If he designs to change this relation, he must fully notify the opposite party.</p>