The doctrine announced in the Roselius case has since been applied in our jurisprudence. See Cooley v. Cecile, 8 La.Ann. 51; Succession of Kernan, 105 La. 592, 30 So. 239; Forman v. Sewerage and Water Board of New Orleans, 119 La. 49, 43 So. 908; Price v. Foster, 182 La. 79, 161 So. 161; Succession of Russell, 208 La. 213, 23 So.2d 50 and Succession of Guichard, 225 La. 315, 72 So.2d 744, 745. In the Guichard case, the opinion of which contains our latest expression on the subject, we said: "* * * Under the jurisprudence of this state it is well settled that an attorney representing particular heirs or claimants in a succession proceeding has no claim against the estate for his services even though they were valuable to, and benefited, the other heirs, and that in such cases the attorney must obtain payment from the persons or heirs by whom he was employed.
In Succession of Kernan, 105 La. 592, 30 So. 239, this court held that attorneys representing particular heirs in a succession proceeding have no claim against the estate for their services, even though such were valuable to other heirs; that they must obtain payment from the persons by whom employed. The Kernan case was cited approval in Forman v. Severage Water Board, 119 La. 49, 43 So. 908, 12 Ann.Cas. 773, and Price v. Foster, 182 La. 79, 161 So. 161. Finally, opponents insist that the district court erred in allowing the surviving spouse the usufruct on the funds derived from the sale of decedent's interest in the community property and which remained after the payment of succession debts. It will be remembered that all of the property inventoried belonged to the community that existed between the husband and wife. Being community property, the surviving husband owned an undivided one-half interest therein and held in usufruct the remaining one-half interest.
The persistent expressions of denial of responsibility by Catron, admitted by Black, are inconsistent with the application of the provisions of this codal article and we hold that it is without application. In the absence of a valid and binding contract between Black and the defendant plaintiff is not entitled to recover for the purchase price of the unit: Price v. Foster, 182 La. 79, 161 So. 161 (1955); Mid-State Tile Company v. Chaudoir, La.App., 77 So.2d 552 (2nd Cir. 1955); 228 La. 634, 83 So.2d 654; Baton Rouge General Hospital v. Superior Cleaners, 231 La. 820, 93 So.2d 20 (1956); Carroll Lumber Supply Co. v. Bushong, La.App., 125 So.2d 210 (2nd Cir. 1960); Knighton v. Beckham, La.App., 154 So.2d 232 (2nd Cir. 1963). Code Article 1816 reads:
It is argued by defendant, in opposition to the above, that one may accept benefits accruing to him from the acts of another who serves, without a contract or authority from the beneficiary; and not commit himself to financial liability to the other party in so acting. This is entirely possible as a matter of law. The case of Price v. Foster et al., 182 La. 79, 161 So. 161, negatives plaintiff's above mentioned position. If there was no contract, the fact that when Mr. Tooke hurriedly visited the wells and noticed that some material was being delivered upon the seventy-five (75') foot roadway and/or upon the yard, the repair of which his company was under no obligation to do, certainly would not commit him to liability for the cost of the repairing. In the Price case, supra, the court held that although the defendants knew the plaintiff had rendered valuable services to their father and to his estate, after his death, in the matter of adjusting a large claim by the Government for income taxes, and accepted the monetary benefits flowing from the services, as they had not agreed to pay him to render the service, he was without right to require them to pay him for such services either on contract or quantum meruit.