Smith v. Reimer

Citations

• 179 Pa. 442
• 36 A. 313
• 1897 Pa. LEXIS 663

Syllabus

<p>Contract — Nursing—Decedents' estates.</p> <p>In an action on an oral contract for nursing a decedent, the evidence tended to show that the decedent being infirm made a contract with plaintiff to board, nurse and care for him during the remainder of his life. The decedent was to build a house of eight rooms, four of which were to be for his own use, and four for the use of the plaintiff and her family. Here she was to board and nurse him while he lived, and he was to pay her $6.00 per week for his board and give her the house for her care and attention to him. Decedent paid his board, but did not secure the house to the plaintiff by will or any other form of conveyance. Held,, (1) that as the action was for care and attention given, evidence as to the price of board in the neighborhood was immaterial, inasmuch as the board had always been paid, and there was no controversy in reference to it: (2) that evidence as to what would be a fair rental for the four rooms occupied by the plaintiff was immaterial, as the contract did not provide for rent; (3) that the questions were whether the services as nurse had actually been performed under a promise that they should be paid for, and what was their value; (4) that a verdict and judgment for plaintiff should be sustained.</p>