Kujawski v. Sobelewski

Citations

• 72 Pa. Super. 326
• 1919 Pa. Super. LEXIS 308

Syllabus

<p>Decedent’s estate — CUaim for services rendered decedent — Nursing and housekeeping — Evidence—Gontract.</p> <p>In an action against a decedent’s estate for compensation for services rendered the decedent, during the latter years of his life, the plaintiff cannot recover the full amount of her claim, in addition to a legacy, where the evidence upon which the claim is based establishes the fact that she was to be paid by a legacy. In such case, credit for the amount of the legacy must, at least, be given on any amount, found to be due.</p> <p>Decedents’ estates — Gontract with decedent — Settlement by agent —Repudiation by principal.</p> <p>A principal cannot repudiate the acts of her agent and at the same time retain the fruits of his settlement. If she repudiates the acts of her agent she must repudiate the whole transaction and restore the parties to the status existing before the settlement.</p> <p>Practice, G. P. — Case tried on mistaken theory — -New trial. ■</p> <p>When a ease was tried upon a wrong theory, and the record fails to furnish a satisfactory foundation for the verdict upon which judgment was entered, a new trial should be granted.</p>