Longhofer v. Herbel

Citations

• 83 Kan. 278
• 111 P. 483
• 1910 Kan. LEXIS 523

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1*. Limitation of Actions — Money Loaned for Indefinite Period —Accrual of Action — Demand. Where a loan is made with the understanding that the borrower is to use the money for some considerable but indefinite time, and until its return is requested, the statute of limitations does not run against an action for its recovery until payment has been demanded.</p> <p>2. Statute op Frauds — Oral Agreement in Consideration of Marriage — Time of Performance — Implied Contract to Pay Child for Services. In an action for the value of services performed by a minor for his stepfather proof of an oral agreement to pay for them may establish a right to recover, by-overthrowing the presumption that they were rendered by reason of the relation of the parties, notwithstanding the contract itself may be unenforceable under the statute of frauds because made upon consideration of marriage and not to be performed within a year.</p>