Cooper v. Cooper

• Decision Date: 15 March 1939
• Docket Number: 27273.
• Citation: 2 S.E.2d 145,59 Ga.App. 832
• Parties: COOPER v. COOPER et al.
• Court: Georgia Court of Appeals

2 S.E.2d 145

59 Ga.App. 832

COOPER v. COOPER et al.

No. 27273.

Court of Appeals of Georgia, Division No. 2.

March 15, 1939

Rehearing Granted March 25, 1939.

Judgment Adhered to March 30, 1939.

Syllabus Opinion by the Court

S. W Fariss, of La Fayette, for plaintiff in error.

G. W Langford and Rosser & Shaw, all of La Fayette, for defendants in error.

STEPHENS Presiding Judge.

1. "Ordinarily, when one renders services or transfers property valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof; but this presumption does not usually arise in cases between very near relatives." Code, § 3-107. Where a person renders valuable services to another, which the latter accepts, a contract to pay therefor is implied in law, unless from the facts and circumstances, including the nature of the services, the relationship between the parties, including kinship, it appears that the services were rendered out of consideration of love and affection or otherwise rendered gratuitously. Where, however, services which are in the nature of nursing, waiting upon and ministering to the wants and necessities of an infirm, diseased and aged parent, are rendered by the son, there is a presumption that the services are rendered in filial duty and affection, and not because of expected compensation in money or property, in the absence of any express agreement between the parties for compensation, or of any facts or circumstances indicating that it was intended and contemplated by both the parent and the son, that payment should be made. Hudson v. Hudson, 90 Ga. 581, 16 S.E. 349; Jackson v. Buice, 132 Ga. 51, 63 S.E. 823; Murrell v. Studstill, 104 Ga. 604, 30 S.E. 750.

2. Where a husband and wife are living together the husband is entitled to the services of the wife, and any valuable services which she may render to another are rendered by the husband, by and through the instrumentality of the wife as his agent. Code, §§ 53-501, 4-101; Childs v Charles, 46 Ga.App. 648, 168 S.E. 914. Where an aged father comes to live in the home of his son, where the house belongs to the father, and, while living there, the father becomes ill, and is cared for by the son's wife during his sickness, and his wants ministered to by her, and the son and his wife are living together, the services thus rendered to the father are rendered by the son, through the agency of the wife. If, during the performance of the services by the wife to her husband's father, the husband agrees with his wife that she perform the services and shall herself be entitled to compensation therefor from the father, such...