Breed v. Breed

Decided May 2, 1905

Wisconsin Supreme Court · decided 1905-05-02

M. Webb, Circuit Judge. Claim filed in county court -against estate of Catherine M. Breed, alleging that the respondent on March 23, 1898, entered into an oral contract with the deceased and her husband to work and care for them, and for the survivor if either should die, for which they jointly and severally promised to pay her the reasonable value of her services; that the deceased, Catherine M. Breed, died the following day, and that respondent performed such services…

Cited by 1 later decisions — most recently October 1906

1 state decisions

Relies on Stack v. Padden

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1905-05-02

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Dodge, J.

¶1Tbe complaint presents a mere personal promise by a married woman living with her husband to pay for certain family expenses, which in no wise concerned or related to her separate property, however much the parties may have contemplated that the personal liability attempted to be assumed must be satisfied out of such separate estate. Such a contract is not within the power of a married woman and creates no legal liability. Stack v. Padden, 111 Wis. 42, 86 N. W. 568. The court should have granted the motion for judgment notwithstanding the verdict.

¶2By the Court. — Judgment reversed, and cause remanded with directions to enter judgment affirming the order of the county court.