Wence v. Wykoff

• Decision Date: 12 December 1879
• Citation: 3 N.W. 685,52 Iowa 644
• Parties: S. M. WENCE, APPELLEE, v. ELIJAH WYKOFF, ADMINISTRATOR, ETC., APPELLANT.
• Court: Iowa Supreme Court

52 Iowa 644

3 N.W. 685

S. M. WENCE, APPELLEE,

v.ELIJAH WYKOFF, ADMINISTRATOR, ETC., APPELLANT.

Supreme Court of Iowa.

Filed December 12, 1879.

Appeal from Benton circuit court.

The defendant filed a claim in the probate court against the estate of which defendant is administrator, for boarding and caring for the intestate. The claim was allowed and defendant appeals.W. C. Connell, for appellant.

No appearance for appellee.

BECK, C. J.

1. The cause was sent to a referee, who reported the facts substantially as follows: The intestate was the mother of plaintiff's wife. She owned 36 acres of land, and a few dollars' worth of personal property. More than a year prior to her death, being advanced in years and of infirm health, so that she could perform no labor, and was incapable of supporting and taking care of herself, she requested plaintiff to take her to his house and provide for her wants. He complied with her request, and boarded her until her death, his wife and family nursing and caring for her.

She was, for much of the time after her removal, bedridden, and at no time was she able or did she render any service to plaintiff. She expressed a desire to pay plaintiff for her board and nursing, with a fear that her property would not be sufficient for that purpose. The intestate had other children beside plaintiff's wife, none of whom contributed to her support. Plaintiff is a poor man, hardly able to support his own family. The referee, as a conclusion of law based upon these facts, found that plaintiff is entitled to recover from the estate the reasonable value of intestate's board, and the services rendered to her by plaintiff and his family. The defendant excepted to the report of the referee, and moved to set it aside on the ground that the facts found do not support the conclusions of law reached by the referee. The exceptions and motion were overruled, and judgment was rendered upon the report. The errors assigned and urged in argument assail these rulings of the court. It is not claimed that the findings of facts are not supported by the evidence; indeed, all the testimony is not found in the abstract.

2. The rulings of the circuit court, in our opinion, are correct. The facts found by the referee are amply sufficient to authorize the conclusion that a contract was entered into between the intestate and plaintiff. She requested plaintiff to render the services and furnish the support which she received, and expressed her purpose to pay therefor. She rendered no service to plaintiff, and did not live with him as a member of his family. The law will surely raise an implied contract whereby she became bound to render to plaintiff compensation. The near relationship existing between plaintiff's wife and intestate, in the absence of the facts that she became a member of his family and rendered service for him, will not authorize the conclusion that her support was...