BILL OF PARTICULARS COLORADO CODE
BILL OF PARTICULARS COLORADO TRIAL

Plaintiff herself was not permitted to testify (Code Civ. There was no attempt to prove the allegations of the first cause of action, namely, the making of an oral contract (in consideration of marriage or otherwise) to compensate for plaintiff's services. In their opening statement plaintiff's counsel told the court and jury in plain language that his client's services to decedent included 'living with him, for a period of about five years, occupying the same apartment.' Later it was stipulated that they lived together from November, 1941, until decedent's death on April 27, 1947.

BILL OF PARTICULARS COLORADO TRIAL

Thus the defendant had to go to trial with no information whatever respecting the $64,000 demand save the general statement contained in the creditor's claim that it was for services rendered in (1) housekeeping (2) nursing care and attention (3) assistance in the management and operation of a bakery, and (4) keeping books and accounts of decedent's business interests.

BILL OF PARTICULARS COLORADO CODE

None was supplied, and his motion to exclude evidence, made under section 454, Code of Civil Procedure, was denied. When the administrator answered he demanded a bill of particulars. It incorporated, however, the creditor's claim containing the general statement contained in the first count, that plaintiff had rendered four different kinds of services, but stated nothing further respecting them The common count 'for services rendered' supplied no detailed information whatever. Since no contract in writing was pleaded or proved, the first cause of action went out of the case, and plaintiff had to rely on her second count based on a quantum meruit (Long v. Such invalidity was pleaded by the denials contained in the answer (Healy v. Under Civil Code, section 1624, subdivision 6, and Code of Civil Procedure, section 1973, subdivision 6, an oral contract such as that alleged is invalid. To each count appellant entered a general denial and pleaded the two-year statute of limitations. In the second count plaintiff alleged that decedent became indebted to her 'for services rendered,' of the reasonable value of $64,000.

The first count of the verified complaint alleged an oral contract made in 1941 whereby in consideration of plaintiff's promise to marry decedent, and of services rendered and to be rendered by her to him, he agreed that instead of paying her in cash for her services at current wages he would leave her all his property in compensation for her services that she accepted the offer of marriage and agreed to perform certain services consisting of housekeeping, nursing care and attention assisting in the management and operation of decedent's bakery business, and assisting in keeping books and accounts of his business interests that she performed such services from February 15, 1941, until decedent's death in April, 1947, and that they were of the reasonable value of $64,000. Appellant moved for a judgment notwithstanding the verdict and on its denial judgment on the verdict was entered and this appeal taken. The jury brought in a verdict for $7,500.

Respondent filed a creditor's claim for $64,000 against decedent's estate and on its rejection commenced this action. TOM COFFIS, as Administrator, etc., Appellant.

Bill of particulars colorado