Phillips v. Sanchez

Citations

• 35 Fla. 187

Syllabus

<p>1. Where the husband and wife live together and the husband is an invalid, practically helpless, -[nearly blind, and otherwise af-’ flicted, requiring constant care and attention, not fitted for the transaction of ordinary business, his wife transacting his business for him, he having, besides other income, over forty dollars monthly from the rent of buildings beside a homestead and other property, and the domestic duties devolving upon the wife, together with the care and attention needed by the husband, required more labor than the wife was physically able to-perform, and the work of the household could not be done without help, are circumstances constituting such a situation of affairs as authorizes the wife to engage the services of a domestic servant and bind the husband for the payment of the same</p> <p>2. As a general proposition, the wife has no authority to bind the husband by contract unless she is his agent in fact. The wefi known exception to this rule is an incident to her right of support from her husband, and she is for that purpose his agent and can bind him to pay for such things as are necessary for the proper maintenance of herself and family; and domestic service in accordance with the means of the husband and social station of the family is such a necessity.</p> <p>3. The question of the agency of the wife for the husband is not so much a question of law as of fact, provable as any other fact-by circumstantial as well as positive evidence, with the burden-resting upon the party alleging the agency. When a question arises whether a particular contract was within the scope of' her authority as agent, such question becomes a mixed one of law and fact.</p> <p>4. A hiring of a domestic servant by a wife under the circumstances stated in the first head-note is considered as a hiring by the husband, and he is liable for the wages accruing therefrom.</p> <p>.5. The law regards with suspicion claims for labor or services when made against the estates