Heading: Woods v. Fifth-Third Union Trust Co., 54 Ohio App. 306, 6 N.E.2d 987 (1936), p 103.
Facts: - John Woods assisted his mother in managing her property (securities in the value of about $80,000) for 6 years proceeding her death.
Procedure: Appeal from court of common pleas of Hamilton county. Appellant, Woods, filed this action against executor of her last will to recover for personal services rendered by him. At close of P’s evidence the court sustained the D’s motion for an instructed verdict. Court overruled the P’s motion for a new trial and entered judgement on the verdict.
Issue: Does a promise, implied in law or in fact, arise from the performance of personal services by a son for the benefit of his mother, that he was to be paid for services rendered?
Rule:
Holding: No promise was implied.
Rationale: A son who helps a mother usually does this for other reasons than material gain. There was no intention to create a legal obligation by words and acts passing between them. There is no hard evidence that he was to be specifically paid for his services. "Pay" can take many forms. He should consider his inheritance pay enough. The usage of the word pay between a mother and son is not enough to prove a contract between them.
Policy/Notes:
Was there an implied agreement?
- court refused to acknowledge an implied agreement.
Or was there an express agreement?
- could be an express agreement. But given social context there has to be clear and convincing proof in order to prove that agreement.
- maybe she was just meaning to pay him by including him in her will.