The Alberta Law Reports Volume 16

The Alberta Law Reports Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...of universal application can be stated based upon the bare fact of relationship or membership in same household. That fact is but one of the various facts and circumstances to be taken into consideration. Such considerations as the nearness or distance of the relationship, the character of the services, the financial and social positions and ages of the respective parties, the nature of their former associations and other considerations must be taken into account and the inference drawn for or against an implied contract, not as a presumption of law, but as a natural inference from all the facts and circumstances. Appeal by defendant from judgment of McCarthy, . in favour of plaintiff for wages. Judgment affirmed with reduction of amount; costs to defendant, appellant. The appeal was heard before HARvEY, C.J., STUART and BECK, j. A. H. Clarke, K.C., for defendant, appellant. J. E. Varley, for plaintiff, respondent. Cur. adv. 2wlt. April 28, 1921. The judgment of the Court was delivered by BECK, .--This is an appeal by the defendant from the decision at the trial of McCarthy, . sitting without a jury. The action is one by one brother against another for wages, and some other items. As to the wages the defendant urges that the evidence does not disclose an express agreement to 'pay wages and that as a matter of law "in the case of relatives living together the law does not imply any promise to pay for services; an express promise must be proved," citing Redmo12d 2/. Redmond (1868) 27 U.C.Q.B. 220; Her r/. Her (1885) 9 O.R. 551. There are other decisions upon this point. In re 1921 Aprll 28 I think the law is put more nearly accurately in the lastmentioned case than in Redmond v. Redmond. Meredith, C.. says: " more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • United States
  • English
  • black & white illustrations
  • 1236931459
  • 9781236931450