(Download) "Lindley v. Frazier" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Lindley v. Frazier
- Author : Supreme Court of North Carolina
- Release Date : January 02, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The relationship of daughter-in-law has been held not to raise the presumption that services performed while living within the family are gratuitous. Dunn v. Currie, 141 N.C. 123, 53 S.E. 533; Nesbitt v. Donoho, 198 N.C. 147, 150 S.E. 875; Landreth v. Morris, 214 N.C. 619, 200 S.E. 378; Francis v. Francis, 223 N.C. 401, 26 S.E.2d 907. But, although the plaintiff may not have been confronted with this presumption to hurdle, the burden still rested upon her to show circumstances from which it might be inferred that the services were rendered and received with the mutual understanding that they were to be paid for. The quantum meruit must rest upon an implied contract. Nothing else appearing, such an inference is permissible when a person knowingly accepts from another services of value, or, as it is sometimes put, under