Wise v. Martin

Citations

• 42 Pa. Super. 443
• 1910 Pa. Super. LEXIS 349

Syllabus

<p>Decedent’s estates — Claim for services — Nursing—Evidence—Contract.</p> <p>In an action against a decedent’s estate to recover $25.00 per week for nursing decedent during the last months of his life, where it appears that the plaintiff was employed during the same period as a domestic with wages at $2.00 per week, she cannot recover unless she shows that she had an express contract with the decedent to pay her for the nursing, and the question as to whether such a contract was made cannot be submitted to the jury where there is no evidence except loose declarations made by the decedent to outside parties, indefinite understandings, suggested gratuities, anticipated benefactions and testamentary intentions not carried out.</p>