Garcia v. Candelaria

Citations

• 9 N.M. 374
• 9 Gild. 374

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Set-off — Abandonment of Plea — Parent and Child — Claim for Support. — 1. A defendant who has pleaded set-off, in moving the court to instruct the jury for himself at the conclusion of the plaintiff’s case, abandons his plea and is not put to its proof.</p> <p>2. When a person is living in loco parentis with another, both are estopped from claiming for wages or services performed on the one hand, or for board and necessaries furnished on the other, unless an express contract for compensation is proved.</p>