Brockton Hospital v. Cooper

The plaintiff brought an action of contract in which the declaration set forth in one count, with an account annexed, that the defendant owed it the sum of $1,176.10 for hospital care, board, medical services, and supplies furnished to the defendant’s wife. The defendant answered (1) a general denial and (2) that “there was a failure of consideration in plaintiff’s performance of its contract upon which recovery herein is sought” by virtue of unskilful treatment of the defendant’s wife which resulted in injury to her.

The only witness at the trial was the assistant manager in the office of the…