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59 Ind. 529

Toland v. Wells

Indiana Supreme Court

Decided November 15, 1877

Indiana Supreme Court · decided 1877-11-15

<p>Contract. — Decedents’ Estates. — Services Perftrrmed After Decedent’s Death.— The estate of a decedent is liable for services rendered for his family after his death, under a contract therefor made with him in his lifetime.</p>

Cited by 1 later decisions — most recently February 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-11-15

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Perkins, J.

¶1— Joseph C. Singer’s family consisted of a number of persons, several of whom were sick. He called *530the appellee, a physician, and requested him to attend the sick of the family till they got well.

¶2The appellee entered upon duty, under the employment, and continued until he fulfilled his contract. A few days after the contract, Singer died, viz., on the 30th day of April, 1875. After the services of the appellee, under the contract, were completed, viz., the 19th of June, 1878, he filed a claim against the estate of said Joseph C. Singer, deceased, for payment.

¶3The circuit court, on appeal, held the contract an entirety, and gave the appellee judgment for his services under the contract. This was right.

¶4The ease is like that of Toland v. Stevenson, ante, p. 485.

¶5The judgment is affirmed, with costs.

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