Harrington v. Hickman

Citations

• 148 Pa. 401
• 23 A. 1071
• 1892 Pa. LEXIS 995

Syllabus

<p>Decedent's estate — Claim for nursing — Contract—Quantum meruit — 1Evi-dence.</p> <p>The frequency and facility with which unjust claims have been presented ami pressed agtiinst estates, and the unequal character of the controversy. in which one party is living and the other dead, have led the courts to scrutinize the testimony in support of claims against estates with groat care, but the rules o£ evidence are not changed in such cases.</p> <p>Services rendered in nursing the decedent can, in the absence of any agreement fixing a price upon them, be recovered for upon a quantum meruit: Smith v. Milligan, 43 Pa. 107.</p> <p>In defence to a claim for nursing, it was alleged that claimant had contracted to work for decedent at the rate of one dollar per week, and should be held to the terms of the contract. Claimant alleged that the contract referred to covered her services as housekeeper merely, and that by a distinct understanding with testator, she was to receive in addition from his executors what her services as a nurse were reasonably worth. In support o£ her position, she proved by a disinterested witness the declaration of decedent, “ Betsy is very kind to me. I have promised her that she shall be 2>aid by my executors when I am gone for waiting on me.” It was not alleged that the services rendered were not worth the amount claimed.</p> <p>Held, that the above declaration was competent evidence upon the question of the existence of the contract sued on, and -was clear, direct and sufficient, if believed, to justify a verdict in favor of the plaintiff.</p>