Dyer v. Beasley

• Decision Date: 27 November 1923
• Docket Number: 14746.
• Citation: 120 S.E. 638,31 Ga.App. 276
• Parties: DYER v. BEASLEY.
• Court: Georgia Court of Appeals

120 S.E. 638

31 Ga.App. 276

DYER v. BEASLEY.

No. 14746.

Court of Appeals of Georgia, Second Division

November 27, 1923

Syllabus by the Court.

This was a suit by a daughter against the executrix of her father's estate for personal services rendered and for food, medicines, and medical services furnished him or procured by her for him during his last illness. There were facts and circumstances in evidence sufficient to authorize the inference that both the plaintiff and her father contemplated, at the time of the transactions, that she should be compensated by him or out of his estate. There was, in addition, even some proof of an express contract to that effect. See Chatham Co. v. Painter Eng. Co., 28 Ga.App. 383 (1), 111 S.E. 82. The verdict found for the plaintiff (for considerably less than the sum sued for) was amply supported, and no error of law being complained of, the judgment of the trial court in overruling the motion of the defendant for a new trial will not be interfered with. See, in this connection, Phinazee v. Bunn, 123 Ga. 230 (1), 51 S.E. 300.

Error from Superior Court, Whitfield County; M. C. Tarver, Judge.

Action by Mrs. Mollie Beasley against Mrs. E. Dyer, executrix. Judgment for plaintiff, and defendant brings error. Affirmed.

Wm. E. Mann and W. Gordon Mann, both of Dalton, for plaintiff in error.

Geo. G. Glenn and Oliver R. Hardin, both of Dalton, for defendant in error.

BELL, J.

Judgment affirmed.

JENKINS, P.J., and STEPHENS, J., concur.