Wagner v. Savage
| Decision Date | 30 April 1952 |
| Citation | 244 P.2d 161,195 Or. 128 |
| Parties | WAGNER v. SAVAGE. |
| Court | Oregon Supreme Court |
Edward E. Sox, Albany, argued the cause for appellant. With him on the brief was Wendell H. Tompkins, Albany.
Orval N. Thompson, Albany, argued the cause for respondent. On the brief were Weatherford & Thompson, Albany.
Before BRAND, C. J., and HAY, LUSK, WARNER and TOOZE, JJ.
This is an action of assumpsit to recover the reasonable value of personal services rendered, brought by Elizabeth M. Wagner, as plaintiff, against Rodney J. Savage, as administrator of the estate of Albert M. Savage, deceased, as defendant. Upon stipulation of the parties, the action was tried to the court without the intervention of a jury. Judgment was entered in favor of plaintiff in the sum of $12,500; defendant appeals.
Prior to and on February 1, 1943, one Albert M. Savage was the owner of approximately 40 acres of land located in Linn county, Oregon, and also possessed $1,500 in cash, together with certain household goods, farming equipment, and livestock. He also was leasing a farm locaed near Peoria, in Linn county, and was living alone thereon. He was a widower, fifty-one years of age. At the time, domestic and farm help was scarce in Linn county, because most of the men and women who ordinarily were available for employment and who lived within a radius of one hundred miles from Portland had taken advantage of the high wages being paid in the shipyards at Portland and at Vancouver, Washington, and were employed there. Savage was compelled not only to carry on his farm work more or less alone, but also to do his own housekeeping. He found the work too burdensome and proposed to give up his farming operations.
Prior to December, 1939, and for 18 years continuously, plaintiff had resided in Portland, where she owned some property. Her husband died in January, 1939. She had been employed at the Meier & Frank department store in Portland. In December, 1939, she went to Linn county and took up her residence in the home of her mother, one Eliza J. Erickson, who lived on a farm located about seven miles from Halsey, in Linn county. About the first of the year in 1942, plaintiff met Alfred M. Savage at a grange meeting. Thereafter, she and Savage met frequently at grange meetings, and on occasions he would escort her to her home.
In the fall of 1942, Savage first proposed to plaintiff that she move into his home and keep house for him. The parties had several conversations respecting the matter, as plaintiff did not at first accept Savage's proposal. According to the testimony of plaintiff, during the latter part of December, 1942, she and Savage were sitting in his automobile which at the time was parked in front of plaintiff's home, when the following conversation took place:
'Q. And where were you when you were in his car, whereabouts? A. In front of mother's house on the farm.
'Q. And who was present? A. Well, Al and me.
* * *
* * *
'Q. And what was the conversation that you had between the two of you?
* * *
* * *
'A. Well, when he asked me to come over and keep house for him and I told him that I was going back to Portland. I was going back to Portland for Meier & Frank and well--he just wouldn't let me go. He said, and he just begged me to come. Oh, I still didn't tell him that I would come because it was quite a change for me to make.
* * *
* * *
The final conversation occurred in the home of plaintiff's mother; and in this conversation, according to plaintiff, Savage repeated his offer to compensate plaintiff for her services in the manner above outlined, and she accepted. Plaintiff immediately undertook the duties of her employment, her first efforts being devoted to cleaning the house in which Savage lived, making some repairs thereto, and rendering the same habitable for a woman. She moved into that home on or about February 1, 1943, and continued to reside there. For more than three years, and continuously during the remainder of the life of Savage, she not only performed the necessary housework, including cooking, washing and mending of clothes, and other usual housekeeping chores, but also worked outside, doing a man's work. She raised chickens and turkeys, helped in haying, and performed other farm duties.
In the summer of 1946, Savage suffered an accidental injury from which he died on August 5, 1946. The record discloses that he had failed during his lifetime to execute a will or other instrument to carry out his promise above referred to, and that he died without compensating plaintiff for her services as he had agreed, or otherwise, or at all. The record firmly establishes the fact that the services of plaintiff were performed pursuant to the oral agreement, and for compensation.
On or about February 8, 1950, plaintiff filed with the defendant, as administrator of the estate of Alfred M. Savage, deceased, her duly verified claim for compensation, in manner and form as required by law. § 19-703, O.C.L.A. Omitting all formal portions, plaintiff's claim is as follows:
'The above named deceased was the owner of a small tract of land and a small amount of money and was leasing a farm and was batching and was unable to operate alone his undertaking and in the spring of 1943, while in that condition the said Alfred M. Savage promised the claimant that if she would come to his home, do the cooking, assist with the chores, do the housework, care for his clothes, do his washing and assist generally in the operation of his farm during the remainder of his life that he would compensate her in the amount of all that he and she acquired during his lifetime; that the claimant accepted said offer and entered into the performance of said services and did perform the same during the remainder of the life of the said Alfred M. Savage until August 6, 1946; that said Alfred M. Savage promised to compensate the claimant for said services, as aforesaid, and that all of said services were rendered and performed pursuant to said agreement from the spring of 1943 to August 6, 1946, for compensation and not otherwise; that the reasonable value and reasonable compensation for the services thus rendered was and is the sum of Seventeen Thousand Dollars ($17,000.00) and claim is hereby made against the estate of said Alfred M. Savage for said sum of $17,000.00.'
On February 13, 1950, defendant, as such administrator, rejected said claim, and the original claim, together with the endorsement thereon of defendant's rejection thereof, was filed in said estate on February 20, 1950.
On March 6, 1950, plaintiff filed in the circuit court for Linn county, her duly verified complaint in the instant action. Defendant moved that said complaint be made more definite and certain by setting out in full the contents of plaintiff's claim as presented to defendant. On May 11, 1950, plaintiff filed her amended complaint, attaching thereto and making a part thereof a true copy of her verified claim as presented to and rejected by defendant. In part, it is alleged in said amended complaint:
'I
'That prior to the spring of 1943 Alfred M. Savage was the owner of a small tract of land and a small amount of money and was leasing a farm and batching and was unable to operate alone his undertaking and in the spring of 1943 while in that condition, the said Alfred M. Savage promised the plaintiff that if she would come to his home, do the cooking, assist with the chores, do the housework, care for his clothes, do his washing and assist generally in the operation of his farm during the remainder of his life, that he would compensate her in the amount of all that he and she acquired in his lifetime; that plaintiff accepted said offer and entered into the performance of said services and did perform the same during the remainder of the life of said Alfred M. Savage until August 6, 1946; that said Alfred M. Savage promised to compensate the plaintiff for said services as aforesaid and that all of said services were rendered and performed pursuant to said agreement from the spring of 1943 to August 6, 1946, for compensation and not otherwise; that the reasonable value and reasonable compensation for the services of plaintiff thus rendered was and is the sum of Seventeen Thousand Dollars ($17,000.00).
* * *
* * *
'III
'That prior to the commencement of this action, plaintiff herein presented to defendant her claim duly verified as required by law; said claim being the same claim as is alleged in Paragraph I hereof; that a copy of said claim is attached hereto marked 'Exhibit A' and by this reference made a part of this complaint; that said claim was rejected by defendant; that more than one hundred twenty days have elapsed since defendant was appointed administrator of the estate of Alfred M. Savage, deceased.
'Wherefore, plaintiff demands judgment against defend...
To continue reading
Request your trial
-
Jarvis v. Indemnity Ins. Co. of North America
...Or. 93, 119, 216 P. 757, 219 P. 190, and the question was actually litigated. State of Oregon v. Dewey, supra; Wagner v. Savage, as Adm'r, 1952, 195 Or. 128, 147, 244 P.2d 161; Stillwell v. Hill, 1917, 87 Or. 112, 116-117, 169 P. 1174; Campbell's Automatic Safety Gas Burner Co. v. Hammer, 1......
-
Lawrence v. Ladd
...of the trial court in this case must be reversed. 1 See Cronn v. Fisher, 245 Or. 407, 416, 422 P.2d 276 (1966); Wagner v. Savage, as Adm'r, 195 Or. 128, 141, 244 P.2d 161 (1952).2 See In re Estate of Stoll, 188 Or. 682, 694-95, 214 P.2d 345, 217 P.2d 595 (1950).3 Citing Florey et al. v. Mee......
-
Lincoln County v. Fischer
...judicial experience and knowledge of life; and the process is described as the exercise of sound judicial discretion.' Wagner v. Savage, 195 Or. 128, 244 P.2d 161, 170, which considered the specific performance of an oral contract to transfer property in consideration of personal services, ......
-
State v. Dewey
......580, 592, 18 L.Ed. 550; Cromwell v. Sac County, 94 U.S. 351, 24 L.Ed. 195. . [206 Or. 506] Our most recent decision is Wagner v. Savage, 195 Or. 128, 244 P.2d 161, where the question was whether a decree for the defendant, in a suit for the specific performance of an oral ......