Friermuth v. Friermuth

Citations

• 46 Cal. 42

Syllabus

<p>Action Against Surviving Partner. — An action lies against a surviving partner for work and labor performed for the firm during the life of the deceased partner, and after his death while the surviving partner is winding up the business of the firm.</p> <p>Labor of Son for Father after He Attains His Majority.—If a son remains with and performs services for his father after attaining his majority, the law will not, ordinarily, imply a promise on the part of the father to make pecuniary compensation for his labor; but if the circumstances show that it was the expectation of both parties that he should receive compensation, the promise will be implied, and he may sue on a quantum meruit.</p> <p>Evidence on Quantum Meruit Complaint.—Evidence of a special contract to pay a sum certain for services may be received on a complaint upon a quantum meruit, as tending to show the value of the services.</p>