No. 2936. Precedential Processed

Muse v. Muse

Louisiana Court of Appeal, First Circuit · Filed December 30, 1947 · 33 So. 2d 128

Cited by

Kinney v. Kinney 150 So. 2d 671 La. Ct. App. 3d Cir. 1963
Simms v. Lawrence Bros. 72 So. 2d 538 La. Ct. App. 2d Cir. 1954
Simms v. Lawrence Bros. 72 So. 2d 537 La. Ct. App. 1st Cir. 1954
Succession of Francke 52 So. 2d 855 La. 1951
Muse v. Muse 40 So. 2d 21 La. 1949
Succession of Dugas 39 So. 2d 750 La. 1949
Succession of Dugas 33 So. 2d 133 La. Ct. App. 1st Cir. 1947

Authorities cited

Identified automatically; this list may not be exhaustive.

Farrar v. Johnson 172 La. 30
Succession v. Berthelot 24 So. 2d 185

Opinion text

I agree with the reasoning in the majority opinion which holds that the services rendered by a son or daughter to a parent should not be presumed to be gratuitous, except in those cases where the parent is in need, however, I feel that we are bound to follow the holding of the Supreme Court in the case of Farrar v. Johnson, 172 La. 30 , 133 So. 352 , and which ruling we followed in the recent case of Succession of Berthelot, La. App., 24 So.2d 185 . Therefore, it is my opinion that the plaintiff in this case was required to allege and prove some promise, express or implied, on the part of the deceased to compensate the services. Having failed to make such allegation and proof, plaintiff is not entitled to recover any compensation for the services rendered. I therefore respectfully dissent.