Shirley v. McNeal
| Decision Date | 30 March 1961 |
| Docket Number | 6 Div. 527 |
| Citation | 272 Ala. 696,133 So.2d 873 |
| Parties | Lola P. SHIRLEY, Adm'x, v. E. E. McNEAL et al. |
| Court | Alabama Supreme Court |
J. Terry Huffstutler, Birmingham, for appellant.
John J. Smith and Geo. S. Brown, Birmingham, for appellees.
Gordon M. Parson died intestate in Jefferson County, Alabama, on March 12, 1958. Letters of administration were issued to his sister Lola P. Shirley as administratrix of his estate (appellant). E. E. McNeal and Louise D. McNeal (appellees) filed a claim against the estate of Gordon M. Parson, deceased, for items which we shall later set forth.
The claim was contested by the administratrix before the probate court with the result that a judgment in the amount of $1,500 was rendered in favor of the claimants by the probate court. Thereupon an appeal was taken to the Circuit Court of Jefferson County, where the case was tried de novo ( § 216, Title 61, 1955 Cumulative Pocket Part, Code of 1940), with the result that a judgment was entered by the court for the aggregate amount of $2,041.30.
We see no need to set out the evidence in detail. Suffice it to say that the claimants took the deceased in their home about fourteen years before his death when he was very sick from pneumonia and he lived with them until he died. None of his relatives came to see him while he was sick. The claimants took care of the deceased for fourteen years prior to his death, provided him with a home and rendered secretarial and other services to him, which he knowingly accepted. In return he promised to leave all his property to them at his death. This he attempted to do as is evidenced by the abortive will he executed before only one witness. We consider that the estate of the decedent was liable for the services and other items which make up the judgment entered by the court.
We quote from the decree of the court the following to show a breakdown of the claim as found by the court:
'A break down of the claim discloses: (1) Compensation for personal services provided and rendered to the deceased for 14 years prior to his death, (2) Five items incurred subsequent to death totaling $151.30, (3) a Promissory note in the sum of $800.00, it being admitted on the trial that this claim was barred by the statute of limitations, (4) secretarial services rendered the deceased in connection with his employment for a number of years prior to his death, it being here admitted that only such services rendered in the three years immediately prior to his death were recoverable (if Claimants are entitled to recover), any services prior to that time being barred by the statute of limitations of three years.'
According to the evidence the claimants were husband and wife and for many years the deceased, Gordon M. Parson, lived with them and their two children. They had a great affection for each other.
The five items incurred subsequent to the death of the deceased, aggregating $151.30 are as follows:
We quote from the final judgment of the court the following:
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Hendrix, Mohr & Yardley, Inc. v. City of Daphne
...rendered. Huffman-East Development Corp. v. Summers Electric Supply Co., 288 Ala. 579, 263 So.2d 677 (1972); and Shirley v. McNeal, 272 Ala. 696, 133 So.2d 873 (1961). Furthermore, we have stated that: "An implied contract arises where there are circumstances which, according to the ordinar......
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Huffman-East Development Corp. v. Summers Elec. Supply Co.
...accepts services rendered by another and a benefit results, the law implies the promise to pay a reasonable value. Shirley v. McNeal, 272 Ala. 696, 133 So.2d 873. Admittedly, the testimony reflects instances where the extra work performed by Claburn was done in a defective and unacceptable ......
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C. F. Halstead Contractor, Inc. v. Dirt, Inc.
...accepts services rendered by another and a benefit results, the law implies the promise to pay a reasonable value. Shirley v. McNeal, 272 Ala. 696, 133 So.2d 873.' Looking to the evidence in the case at bar, we find that Harrison (Dirt's president) testified as follows at '(W)e called Mr. T......
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Willoughby v. Moon
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