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eBook details

• Title: Whitley v. Jones
• Author : Supreme Court of North Carolina
• Release Date : January 14, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The plaintiff in this case is an adult daughter who married, left her fathers house and established a home of her own. Therefore, no presumption arises that any services she rendered to her father were gratuitous. 2 Strong, N.C. Index, Executors and Administrators, § 24c. p. 337. Plaintiff comes within the general rule that if one performs services for another which are knowingly and voluntarily accepted, nothing else appearing, the law implies a promise on the part of the recipient to pay the reasonable value of the services. Winkler v. Killian, 141 N.C. 575, 54 S.E. 540; Landreth v. Morris, 214 N.C. 619, 200 S.E. 378; Coley v. Dalrymple, 225 N.C. 67, 33 S.E.2d 477. However, services rendered gratuitously to one during his lifetime may not be converted into a debt after his death. Nesbitt v. Donoho, 198 N.C. 147, 150 S.E. 875. The burden always rests upon the plaintiff, even when there is no presumption that the services were gratuitous, to show circumstances from which it might be inferred that services were rendered and received with the mutual understanding that they were to be paid for, or, as it is sometimes put, "under circumstances calculated to put a reasonable person on notice that the services are not gratuitous." Lindley v. Frazier, 231 N.C. 44, 55 S.E.2d 815; Twiford v. Waterfield, 240 N.C. 582, 83 S.E.2d 548.

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