Boddie v. Arrington, 166 N.C. 209 (1914)

Feb. 18, 1914 · Supreme Court of North Carolina
166 N.C. 209

FRANK BODDIE et al. v. WILLIAM ARRINGTON, Executor.

(Filed 18 February, 1914.)

Contracts — Compensation by Will — Services Bendered Deceased.

In this action to recover of the executor for the services rendered the deceased under an alleged contract that the testatrix would provide compensation for the plaintiff in her will, the complaint is held to be sufficiently comprehensive.

*210Appeal by defendant from Connor, J., at November Term, 1913, of Nash.

Tbis is an action to recover tbe value of services rendered by tbe plaintiff to tbe testatrix of tbe defendant under a contract, as alleged, that tbe said testatrix would provide compensation for tbe plaintiff in ber will, if sbe remained witb her until sbe married.

There was a verdict and judgment for tbe plaintiff, and tbe defendant appealed.

'Bunn & Spruill for plaintiff.

Finch & Vaughan and Jacob Battle for defendant.

Pee Curiam.

We are of opinion, under the liberal construction of pleadings, which prevails witb us, that tbe complaint is sufficiently comprehensive to cover a contract made after tbe plaintiff began to live witb tbe testatrix of tbe defendant; and witb tbis question eliminated, tbe controversy resolves itself into one of fact, which has been settled by tbe verdict of tbe jury upon competent evidence.

No error.