supreme court followed Mills in affirming the ruling that a daughter had not proved an express or implied contract that overcame the family member presumption, even though the daughter had rendered services to her mother for many years
How later courts described this case
- supreme court followed Mills in affirming the ruling that a daughter had not proved an express or implied contract that overcame the family member presumption, even though the daughter had rendered services to her mother for many years
- holding mortgage is an executory contract
- services rendered by daughter to her mother without a preexisting contract or agreement for compensation did not constitute valuable consideration for note and mortgage given by mother to daughter
Written by the judges who cited it.
The opinion
On Rehearing March 3, 1950.
Pursuant to an order granting a rehearing and reargument in this cause, the Court has heard oral arguments of counsel for the respective parties for the second time and, being now fully advised in the premises, it is our conclusion that our former opinion and judgment entered herein should be and the same is adhered to. *Page 755
ADAMS C.J., and TERRELL, CHAPMAN and ROBERTS, JJ., concur.
HOBSON, J., dissents.
THOMAS and SEBRING, JJ., not participating.