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2 R.I. 451

Partlow v. Cooke

Supreme Court of Rhode Island

Decided August 15, 1853

Supreme Court of Rhode Island · decided 1853-08-15

This was an action of assumpsit to recover compensation for services in taking care of and nursing one Nancy Allen, an aged and infirm woman and a sister of the tes» tator of tbe defendants, for a period of four years. The defendants admitted that the services were performed and were worth the sum charged, but contended that the testator was under no obligation to pay for them.

Decided 1853-08-15

¶1*454The Court charged the jury that, though in ordinary cases, where there was nothing in the relations of the parties to indicate that the service was gratuitous, they would be bound to infer from the request to perform a given service a promise, on the part of the person making the request, to pay for such service when performed ; yet, there might be circumstances in the case or relations between the parties, such, that the promise to pay would not be necessarily implied, but must be expressly proved, and that unless they should be satisfied from the evidence in the present case that the testator gave the plaintiff reason to believe that she should be remunerated for her services, they would not be authorized to find a verdict in her favor.

¶2Verdict for the plaintiff.

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