McBride v. McGinley

Citations

• 31 Wash. 573
• 72 P. 105
• 1903 Wash. LEXIS 672

Syllabus

<p>DEFAULT JUDGMENT-VACATION-DISCRETION OF COURT.</p> <p>The vacation of a default judgment upon a showing by the party defaulted that he relied on a settlement with plaintiff made out of court is a matter properly within the discretion of the trial court.</p> <p>WORK AND LABOR-SERVICES BY MEMBER OF FAMILY-CONTRACT FOR REMUNERATION-SUFFICIENCY OF EVIDENCE.</p> <p>In an action by a sister to recover the value of services as housekeeper for a brother during a period of nine years, it was not error to direct a verdict for defendant, where it appeared that plaintiff, after the death of her husband, came with her daughter to live at the home of her brother and keep house for him, there being no agreement or understanding as to any charge for services, and nothing in the conduct of the parties to imply a contract other than one for maintenance.</p>