N.C.P.I.—Civil 735.00

This issue reads:

"Did the plaintiff (name plaintiff) render services to (name

decedent) pursuant to an agreement that he was to be compensated

therefore?"

The burden of proof on this issue is on (name plaintiff) to satisfy

you, by the greater weight of the evidence, that he rendered valuable

services to (name decedent), and that at the time of rendering such

services there was an agreement, express or implied, that the services

were to be paid for.

A contract is express when its terms are stated by the parties,

either orally or in writing. A contract is implied when the acts and

conduct of the parties indicate a mutual assent to the same thing. There

is not a contract unless the parties assent to the same thing in the same

sense.

The plaintiff must show, by the greater weight of the evidence, that

both he and (name decedent) at the time the services were rendered

contemplated and intended that compensation was to be made for the

services. It must be shown that at the time the services were rendered

payment was intended2 by the deceased and expected by the plaintiff.

Where a party has voluntarily done an act or rendered a service,

and there was no intention at the time on his part that he should charge

therefore, or there was no understanding on the part of the deceased

that he should pay therefore, such person may not recover for that

voluntary service. The law will not imply an agreement contrary to the

intent of the parties.3

(At this point there may be inserted any of the following

instructions justified by evidence:

Presumption that compensation is intended. . . N.C.P.I.-Civil

735.10;

Presumption of gratuity. . . N.C.P.I.-Civil 735.15;

Evidence of promise to compensate by will. . . N.C.P.I.-Civil

735.05.

So I instruct you that if the plaintiff has satisfied you by the

greater weight of the evidence that there was an [express] [implied]

agreement between him and (name decedent) that plaintiff was to be

compensated for services rendered to (name decedent), and that plaintiff

performed services of value in reliance on such agreement, then it would

be your duty to answer this issue "Yes." If, on the other hand, you fail to

so find, then it would be your duty to answer this issue "No" in favor of

the defendant.