Opinion
March 10, 1902.
PRESENT: Stiness, C.J., Rogers and Blodgett, JJ.
(1) Contracts. Services Rendered as Member of Family. Testimony tending to show promises by defendant's intestate to furnish plaintiff a home while she lived, but failing to establish a promise to pay plaintiff for services rendered while an inmate of his household, will not sustain a verdict.
ASSUMPSIT for services rendered as housekeeper. Plaintiff was a sister of the wife of defendant's intestate. Heard on petition of defendant for new trial, and judgment for defendant.
Irving Champlin, for plaintiff.
John N. Butman and E.D. Bassett, for defendant.
The plaintiff's testimony tended to show a promise by the defendant's intestate to furnish her a home while she lived, but failed to establish a promise to pay the plaintiff for services rendered while she was an inmate of his household. Under the decisions of this court in Yerrington v. Greene et al., Admrs., 7 R.I. 589, and Newell v. Lawton, Exr., 20 R.I. 307, we are of the opinion that the verdict must be set aside and the case remitted to the Common Pleas Division with direction to enter judgment for the defendant.