Boldwin v. Flower
| Decision Date | 05 January 1920 |
| Docket Number | No. 13361.,13361. |
| Citation | 217 S.W. 637 |
| Parties | BOLDWIN v. FOWLER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Cole County; Jack G. Slate, Judge.
"Not to be officially published."
Action by Mildred Boldwin against Green C. Fowler, administrator. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
Pope & Lohman, of Jefferson City, for appellant.
Calfee & Westhues, of Jefferson City, for respondent.
Plaintiff's action was begun in the probate court of Cole county by filing therein an account of $800 against the estate of Nancy J. Pratt, deceased, for work and labor performed in domestic service for Nancy and her husband, who is also deceased. The service covered a period of more than three years. On appeal to the circuit court the judgment was for the plaintiff. Plaintiff based her action on quantum meruit, and sustained it by evidence tending to prove an implied contract. The evidence showed that plaintiff, being no relation to deceased, began to render the service sued for before she reached her majority. It was shown that her service consisted in "housework, housekeeping, and nursing Nancy Pratt and her husband, Benjamin F. Pratt."
There was no evidence of an express contract between these parties; but, as plaintiff was not related to the deceased, there was an implied promise on the part of deceased to pay her what her services to her (the deceased) were reasonably worth. This rule would not apply to services rendered to the deceased husband. There is no implied contract on the part of an employer to pay for services rendered to a third party.
It was the duty of deceased husband to pay for household services of the character here involved, although she may have had a separate estate (21 Cyc. 1151; 1 Blackstone, Coin. c. 15), and this is the rule in Missouri. In Woods v. Kaufman, 115 Mo. App. 398, 402, 91 S. W. 399, 400, the St. Louis Court of Appeals said that the husband "is the head of the family, and as such is primarily liable for the ordinary family expenses, including the hire of domestic servants." Therefore, if plaintiff wishes to hold deceased's estate for services rendered to deceased husband, she should prove an express promise that she would pay for such services.
The judgment in the probate court was for the defendant, and plaintiff appealed. It seems that, while there was no doubt of plaintiff's intention to appeal, and the court's intention to allow it, there was some...
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...Reynolds v. Rice, 224 Mo.App. 972, 27 S.W.2d 1059; State ex rel. George v. Mitchell, Mo.App., 230 S.W.2d 116, 120(7); Boldwin v. Fowler, Mo.App., 217 S.W. 637, 638. Nor must the wife be without funds or property in order to successfully maintain a statutory action for separate maintenance. ......
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...Case Law, p. 668; 71 C.J. pp. 37, 83, 113; 28 R.C.L. 691; Perles & Stone, Inc., v. Childs Co., 340 Mo. 1125, 104 S.W.2d 361; Boldwin v. Fowler, 217 S.W. 637; Stanley Patch Lumber Corp. v. Barry, 265 N.Y.S. 148 Misc. 376; Bancroft v. Wisner, 8 La. App. 357; Reed v. Baggot, 5 Ill.App. 257; Ma......
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Bailey v. Interstate Airmotive, Inc.
...Case Law, p. 668; 71 C.J. pp. 37, 83, 113; 28 R.C.L. 691; Perles & Stone, Inc., v. Childs Co., 340 Mo. 1125, 104 S.W. (2d) 361; Boldwin v. Fowler, 217 S.W. 637; Stanley Patch Lumber Corp. v. Barry, 265 N.Y.S. 879, 148 Misc. 376; Bancroft v. Wisner, 8 La. App. 357; Reed v. Baggot, 5 Ill. App......