Winings v. Hearst

Citations

• 17 Pa. Super. 314
• 1901 Pa. Super. LEXIS 309

Syllabus

<p>Evidence — Husband and wife — Party dead — Competency of wife — Decedent's estates — Claim for services — Act of May 23, 1887.</p> <p>In an action against an administrator to recover on an implied contract for services rendered to decedent, the wife of the plaintiff is not a competent witness for the purpose of showing a contract prior to the death of the decedent, and to rebut all presumption that the services were rendered gratuitously.</p> <p>Decedent's estate — Claim for services.</p> <p>The performance and receipt of services generally raises an implied promise by him who receives to compensate him who performs, but the implication may be rebutted. In order to establish sucha contract, either express or implied, the evidence must be clear, distinct and convincing.</p> <p>In an action against an administrator to recover for services rendered to the decedent where the evidence shows that while the parties were not related to each other, they resided together, and had many domestic interests in common, that certain necessary services were rendered up to the time of decedent’s death and that during her last illness they were peculiar and exceptional, a jury should be allowed to pass upon the part of the plaintiff’s claim which relates to the proper services rendered, and the reasonable expenses incurred during the last illness of the decedent.</p>