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74 N.C. 480

Peele v. . White

Supreme Court of North Carolina

Decided January 5, 1876

Supreme Court of North Carolina · decided 1876-01-05

Civil Aotioií, tried before Eure, J, at Fall Term, 1875, of PeequiMANS Superior Court. Tlie suit was brought to recover the sum of $621.50, alleged to be due the plaintiff on account of services rendered the testator of the defendant White. It was in evidence that the plaintiff married the testator’s daughter, and that for nine years before the death of the testator, by agreement boarded him for the rent of his farm. The board was a fair price for the rent.

Decided 1876-01-05

*482 PeaesoN, C. J.

¶1 The charge of his Honor is in conformity to the doctrine announced in Hauser v. Sain, at this term. If by reason of the relationship and the other circumstances, to wit: plaintiff and his wife, had the possession of the testator’s farm on an agreement to furnish him with board for the use of the farm ; the testator by his will gives the land to his daughter, the wife of plaintiff; no time is fixed during which the plaintiff was to board the testator for the use of the farm. So we must take it that the agreement covered the whole time iip to the death of the testator. They . agreed to board him for better or for worse ” up to his death, and although for the last seven months the plaintiffs were subjected to heavy charges, we can see no principle upon which they can get rid of the special contract and fall back upon a qu/t, ///// ■>/ .

¶2 The verdict is not very intelligible, but on the whole, we are satisfied the jury, although they may not have exactly comprehended the charge, mean to say that the plaintiff, while the services were being rendered, had no intention of making a charge for extra services and expenses.

¶3 No error.

¶4 Pee CuRiam. Judgment affirmed.

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