Jaycox v. Brune’s Empirical Analysis

Citation profile

34 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “These cases recognize the principle that where a family relationship is established, there is a presumption that the services were rendered gratuitously, even though the claimant ‘entertained hope’ of a payment ([Smith v. Estate of] Sypret [ 421 S.W.2d 9 (Mo.1967) ], supra), and that consequently he must show an agreement or understanding for payment; but also, that such a showing need not necessarily be made by direct evidence of a specific contract (Winschel v. Glestetter, 393 S.W.2d 71 (Mo.App. 1965) ] McDaniel [v. McDaniel, 305 S.W.2d 461 (banc. 1957) ], Allmon v. Allmon, 314 S.W.2d 457 (Mo.App.1958) ], supra). In McDaniel v. McDaniel ], supra, it was said, 305 S.W.2d [461] at loc. cit. 464 [ (Mo.1957) ]: ‘In overcoming the presumption, a claimant must prove either by direct evidence or by evidence from which it may be reasonably inferred that there was an agreement or mutual understanding the claimant was to be remunerated for the services rendered. While mere expressions of gratitude or intended generosity on the part of the recipient are not alone sufficient, a promise to pay may be implied from any facts or circumstances which in their nature reasonably justify the inference of an actual contract of hire or an actual understanding between the parties to that effect.’ The adjudicated cases also recognize that where no family relationship exists, the law presumes an intent to pay for the services.”

   1 later decision quote this exact passage
   e.g. Sanders v. Sanders

2. ““In the ordinary case both the existence of a family relationship and (if there be one), whether there was an agreement to pay or an understanding that the services would be paid for, are questions of fact. In nearly all of the cases such questions have been submitted to the jury.””

   1 later decision quote this exact passage
   e.g. Schanz v. Estate of Terry

3. “where a case for relief in equity fails a court of equity is without jurisdiction to award other relief by way of disposing of the entire controversy; unless, indeed, it appears that the remedy at law will be inadequate.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Leonardi v. Sherry